Protecting intellectual property (IP) in an innovation-driven economy is key to gaining competitive advantages and facilitating growth. Patents are at the center of this process as they provide exclusive rights to the creators over their inventions, which can be either tangible products or methods of manufacturing those products. In India, the Patents Act, 1970 (as amended) provides a comprehensive framework for protecting product as well as process innovations.
The product patent differs from the process patent basically in dictating the ways and methods through which intellectual property rights (IPRs) can be applied and implemented.
The product patent guards the final tangible end product, whether a machine, device, chemical composition, or even pharmaceutical drug.
Such a patent revolves around protection against others using that product regarding its novelty, utility, and non-obviousness.
In contrast, a process patent protects the method or procedure used to make a product.
In this case, the emphasis is not on the final product itself but on the innovative steps or techniques used in manufacturing, synthesizing, or creating something.
Process patents are highly significant in industries where the production method is what makes the product unique, such as pharmaceuticals, biotechnology, and chemicals.
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What is a Product Patent?
A product patent gives protection for tangible products: this can either be physical or specific composition of matter. These patents are issued based on inventions which are novel, inventive, and industrially applicable and which have rights given to the patent holder exclusive rights of the invention over a particular period of time.
Protection of Physical Products: Product patents protect the actual physical form or composition of a new product. This can include consumer goods, machinery, devices, chemical substances, or pharmaceuticals.
Examples:
Pharmaceuticals: A new drug molecule or formulation.
Electronics: A new design for a smartphone or circuit board.
Machinery: New manufacturing equipment or tools.
Food Products: A new snack or beverage formula.
Checkout Global & Indian Landmark Patent Cases
Conditions for Product Patents
For a product to be patentable, it needs to meet some fundamental criteria:
Novelty: The product should be novel and not known in the prior art. This means that it should not have been disclosed in any prior patents, publications, or public uses.
Inventive Step (Non-Obviousness): The product should have an inventive step that would not be obvious to a person skilled in the relevant field, considering the existing state of the art. It cannot be a mere modification of an existing product.
Industrial Applicability: The product has to be capable of being made or used in some industry or practical application. It is thus ensured that the invention has some kind of use.
Sufficiency of Disclosure: The patent application should comprise an enabling description of the product, such as how to make it and use it. It must allow an individual of ordinary skill in the art to make the invention without unduly experimenting.
Also, Get to Know the Amendments & Recent Trends In Indian Patent Law
What is a Process Patent?
A process patent protects a specific method or procedure used to produce a product, rather than the product itself. This can include any novel and inventive steps involved in making a product, manufacturing a good, or performing a process to achieve a particular result.
Protection for the Method of Making or Creating a Product: A process patent is awarded for the new steps involved in making or creating a product, which may include chemical reactions or assembly methods.
Examples:
Chemical Processes: Synthesis methods for new compounds or drugs in the pharmaceutical industry.
Manufacturing Methods: Processes for manufacturing materials or assembling complex electronic devices or machinery.
Food and Beverage: New processing, preservation, or packaging food product
Biotech: Methods for culturing cells or extracting proteins in biotechnology
Conditions for Process Patents
As is the case with product patents, a process patent has to be compliant with the set conditions before protection can be offered:
Novelty: The process must be novel, and prior art must not exist, and also it must not be used before. It must not be based on any known techniques or processes already known to man.
Inventive Step (Non-Obviousness): The process must not be an obvious solution or method that would be evident to someone skilled in the field. It must represent a non-obvious improvement over existing methods.
Industrial Applicability and Reproducibility: The process must be capable of being used in an industry and must be reproducible by others in the field. This ensures that the method has practical utility and can be reliably reproduced to achieve the same outcome.
Also, Learn What is meant by Patent Novelty
Difference Between Product & Process Patents
While both product patents and process patents provide intellectual property protection, they do so in different ways, depending on the nature of the invention.
The key differences, overlapping scenarios, and strategic considerations between product patents and process patents under Indian patent law:
1. Definition
Product Patents: Protect the end physical product, such as machines, chemicals, or biological materials.
Process Patents: Protect the method or process used to create a product, such as manufacturing methods or chemical synthesis.
2. Nature of Protection
Product Patents: Grant exclusive rights to make, use, sell, or distribute the product itself.
Process Patents: Grant exclusive rights to the method of creation or manufacture, not necessarily to the final product.
3. Examples
Product Patents: A new drug molecule, a smartphone design, or a novel chemical compound.
Process Patents: A novel chemical process for synthesizing a drug or a method for manufacturing semiconductors.
4. Scope of Protection
Product Patents: Protect the product regardless of the method used to make it.
Process Patents: Protect the method of making a product; the product itself is not covered unless a separate product patent exists.
Also, Read about What is Evergreening of Patents
5. Infringement
Product Patents: Infringement occurs if another party makes, uses, or sells the patented product.
Process Patents: Infringement occurs if the patented process is used, regardless of whether the same product is made.
6. Product-by-Process Claims
Definition:
Product Patents: May involve a process for defining a product when its structure is difficult to describe.
Process Patents: Often used in product patents where the product is claimed in terms of the process used to make it.
Example:
Product Patents: A drug molecule patented by the process of its synthesis rather than its chemical structure.
Process Patents: A new form of insulin patented by the process used to produce it (not by its chemical composition).
Get the Complete Patentability Criteria in India
7. Patentability of New Products
Product Patents: New products made using known processes can be patented if they are novel and non-obvious.
Process Patents: Known processes can be used to make a new product, which may be patentable if the product has new properties or advantages.
8. Strategic Considerations
Product Patents: Companies opt for product patents when the product itself offers a distinct competitive advantage.
Process Patents: Companies choose process patents when the method of production is novel or when the product is already known or difficult to patent.
Example:
Product Patents: A pharmaceutical company patents a new drug molecule offering better therapeutic benefits.
Process Patents: A biotech company patents a new cell culturing method to produce a biologic drug, even if the drug is known.
9. Hybrid Strategies
Definition: Companies may choose to file both product and process patents to maximize protection.
Example:
Product Patents: A pharmaceutical company patents both a drug molecule (product patent) and the synthesis process (process patent).
Process Patents: A technology company patents both a hardware device (product patent) and the assembly process (process patent).
Learn step by step How to Register a Patent
10. Strategic Advantage
Product Patents: Filing both types of patents allows for more robust protection and flexibility in enforcement.
Process Patents: Filing both types of patents enhances licensing opportunities, licensing negotiations, and legal remedies.
Key Takeaways:
Product Patents protect the final product, offering exclusive rights to manufacture, sell, or distribute that product. This is ideal for industries where the product itself is central to the business, such as pharmaceuticals, consumer goods, or electronics.
Process Patents protect the method of making a product, and the protection extends to any product made using that patented process. This is particularly useful when the method of production is the key innovation or when the product itself cannot be easily patented.
The hybrid strategy—seeking both product and process patents—offers companies the strongest protection, especially when both the end product and the manufacturing process are novel or have competitive significance.
Get the Key Differences between Copyright & Patents
As innovation accelerates and industries evolve, distinguishing and intersecting product patents and process patents becomes highly important. Whether you're an inventor, a researcher, a business, or a legal professional, to be ahead of the curves in patent law will provide assurance that your ideas and inventions are properly protected while nurturing a competitive edge in rapidly changing markets.
Patents are still one of the most effective ways to secure a return on investment, foster technological advancement, and fuel economic growth. As we look toward the future, the areas of AI, biotech, and green tech will certainly be those shaping the next frontier of intellectual property law and will require careful adaptation and forward-thinking strategies to continue supporting the progress of innovation worldwide.
Product & Process Patents FAQs
Q1. Can I patent both a product and a process?
Yes, one can patent both the product and the process that results in the product. Many inventors choose to patent the product and the process since it often provides an added layer of intellectual property protection for the innovation. Product-by-Process Claims: It is permissible to describe a product by its method of preparation under Indian Patent Law. This is extremely useful where the product is incapable of being defined with regard to its structure or composition but the process involved in making it is new and inventive. The product-by-process claim is available in India by virtue of Section 10(5) of the Indian Patents Act, and allows product claims defined as a process by which that product is made.
Q2. What is the remedy, if any, for a process patent infringement?
Even if a person manufactures exactly the same product by a process other than the patented one, still using the said patented process without permission involves an infringement of the process patent.
Q3. How long is the life of a patent on products and processes?
In Indian patent law, patent protection for product patents is generally the same as that for process patents.Normal Term: The term of a patent is 20 years from the date of the patent application, subject to payment of maintenance fees every year. It applies to both product patents and process patents.The process for renewal of this patent, once filed, the owner will need to pay annual renewal fees so that the patent continues in existence. Failure to do this will result in expiration before the 20-year period. Renewals involve: Paying the renewal fees from as early as year 3.Fees increase with a more substantial fee at older stages in a patent's lifespan. Upon its termination of 20 years, an invention enters into public ownership whereby a person or any one else can take advantage and make money without asking permission from the owner of a patent.
Q4. Can an owner of a patent sell or license the patent?
Yes, a patent holder has the right to sell or license their patent. This is one of the most important ways to monetize the patent and create income, especially for an inventor or company that cannot commercially exploit the invention themselves.
Q5. What are the costs associated with obtaining a product or process patent?
The cost to acquire the product or process patent of a product in India could be different due to variations in the invention, and legal fees depend on services used.
