Patents and Patent Law in India

Introduction 

Patents represent one of the most important forms of intellectual property protection. They grant inventors exclusive rights over their inventions for a specified period, encouraging innovation and technological advancement.  

• The patent system in India has evolved significantly since independence, with major reforms aligning Indian law with international standards while addressing domestic needs.

Patents 

• A patent is a form of preservation of intellectual property.  
• It is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. 
• To get a patent, technical information about the invention must be disclosed to the public in a patent application.  
• This disclosure requirement ensures that the knowledge becomes available to society, promoting further innovation and technological progress.

Patentability Criteria for an Invention

For an invention to be eligible for patent protection in India, it must satisfy three essential criteria: 

• Novelty: The invention should be novel and not part of existing knowledge or prior art. It must not have been disclosed or published anywhere in the world before the date of filing the patent application. 
• Inventive Step: The invention must involve an inventive step, which means it should represent a technical advancement as compared to existing knowledge or should have economic significance or both. It should not be obvious to a person skilled in the art. 
• Industrial Application: The invention must be capable of industrial application, meaning it should be capable of being made or used in an industry. This ensures that patents are granted only for practical inventions rather than abstract theories.

Term of Patent 

• The term of every patent in India is twenty years from the date of filing the patent application, irrespective of whether it is filed with provisional or complete specification.  
• After the expiry of this period, the invention enters the public domain and can be freely used by anyone.

Patents Act, 1970 

• The Patents Act, 1970 is the principal law governing the patenting system in India.  
• This Act came into force in the year 1972, replacing the Indian Patents and Designs Act, 1911.  
• The Act was enacted to ensure that patents are granted only for genuine inventions and to prevent the monopolization of essential commodities.

Patents (Amendment) Act, 2005 

The Act was amended by the Patents (Amendment) Act, 2005, which introduced several significant changes to bring Indian patent law in line with international obligations under the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement: 

• Extension to Product Patents: Product patent protection was extended to all fields of technology including food, drugs, chemicals and microorganisms. This was a major shift from the earlier regime that only allowed process patents in these sectors. 
• Repeal of Exclusive Marketing Rights (EMRs): After the amendment, the provisions relating to Exclusive Marketing Rights (EMRs) have been repealed. EMRs were a transitional mechanism that provided limited protection during the period when product patents were not available. 
• Compulsory Licensing: A provision for enabling grant of compulsory license has been introduced. This allows the government to permit someone else to produce a patented product without the consent of the patent owner under certain circumstances, such as when the patented invention is not available to the public at a reasonably affordable price. 
• Opposition Provisions: The provisions relating to pre-grant and post-grant opposition have also been introduced. Pre-grant opposition allows any person to oppose a patent application before it is granted, while post-grant opposition allows interested parties to challenge a granted patent within one year of its grant.

Patents (Amendment) Rules, 2021 

The Patents (Amendment) Rules, 2021 introduced important changes to make the patent system more accessible and efficient, focusing on two major reforms: 

Patent Fees for Educational Institutions Reduced: 

• Educational institutions engage in research activities where professors, teachers and students generate new technologies requiring patent protection for commercialization. 
• Previously, institutions had to pay high fees for large applicants, which worked as a disincentive to filing patents. 
• To encourage greater participation, official fees under the Patents Rules, 2003 have been reduced through the 2021 amendment. 
• Benefits of 80% reduced fee for patent filing and prosecution have been extended to all educational institutions, whereas earlier this was available only to government-owned recognized educational institutions. 

Extension of Expedited Examination System: 

• The expedited examination system significantly reduces patent examination time, with the fastest patent granted in just 41 days. 
• Initially available only for Startups, this facility has been extended to 8 more categories:  
  • SME (Small and Medium Enterprises) 
  • Female applicants 
  • Government Departments 
  • Institutions established by Central, Provincial or State Act 
  • Government Companies 
  • Institutions wholly or substantially financed by the Government 
  • Applicants under Patents Prosecution Highway (PPH) 
• The Patent Prosecution Highway is a set of initiatives for accelerated patent prosecution by sharing information between participating patent offices. 

Administration of Patents in India 

Patents in India are administered by the Controller General of Patents, Designs and Trademarks, which operates under the control of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. The patent office has branches in various cities across India to facilitate easier access for applicants. 

The patent system in India continues to evolve to balance the needs of inventors, industry, and the public, ensuring that innovation is encouraged while access to essential technologies and products is maintained.