A patent grants inventors exclusive rights to their innovations, protecting them from unauthorized use, manufacturing, or sale by others. The Patents Act in India is designed to uphold these rights, ensuring that inventors are fairly rewarded while maintaining a balance between innovation and public access to new technologies.
History of Indian Patent Act 1970
Patents Act in India has undergone significant changes since its early days, shaping the country’s modern intellectual property framework. The journey began with Act VI of 1856, the first legislation granting exclusive rights to inventors, though it was later repealed due to procedural issues.
In 1911, the Indian Patents and Designs Act was introduced, expanding protections for both inventions and designs—an important milestone in the development of the Patents Act in India.
The most transformative shift came with the Patents Act in India in the form of the Patent Act 1970, which established a structured approach to granting patents and defining patentable subject matter, replacing the earlier 1911 Act. The Patent Act 1970 created the framework for modern patent rights, aligning India’s policies with international standards.
Further amendments, notably in 2005, harmonized the Patents Act in India with global practices, especially under the WTO’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. These updates allowed India to recognize product patents in critical areas like pharmaceuticals and chemicals, expanding the impact and scope of the Patent Act 1970.
A patent grants inventors exclusive rights to their innovations, protecting them from unauthorized use, manufacturing, or sale by others. The Patents Act in India is designed to uphold these rights, ensuring that inventors are fairly rewarded while maintaining a balance between innovation and public access to new technologies.
Related Read: Learn About the 4 Types of Patents under the Patents Act in India
The Patent Law Amendment Act of 2005
The Patent Law Amendment Act of 2005 was a pivotal reform to the Patents Act in India, introducing product patents and replacing the earlier process-patent regime. This reform aligned India’s patent laws with the WTO’s TRIPS agreement, extending patent protection to key sectors like pharmaceuticals, chemicals, and biotechnology. These changes built upon the framework of the Patent Act 1970, marking a critical evolution in India’s patent policy.
The amendment was essential for India’s global trade compliance and aimed to boost innovation across industries. By offering stronger protection for patented inventions, the new product patent system under the Patents Act in India encouraged both domestic and foreign investment in research and development, strengthened patent rights enforcement, and reinforced the country’s intellectual property ecosystem.
Related Read: Patent Infringement – Meaning, Types and How to Prevent It
1. Effects of Patent Amendment Act 2005
After the 2005 amendment, there were immediate concerns that essential medicine prices might increase, as product patents replaced process patents in the pharmaceutical industry. To counter this, the Indian government introduced measures like compulsory licensing, which lets generic manufacturers produce patented medicines at affordable prices to meet public health needs.
In the long run, the amendment helped the Indian pharmaceutical industry grow. Indian companies, especially those making generic drugs, adjusted to the new system and became competitive worldwide. The introduction of product patents also encouraged multinational corporations to set up research centers in India, boosting innovation and supporting industry growth.
2. Patents in Pharmaceuticals & Biotechnology
Pharmaceutical and biotechnology patents in India undergo a rigorous examination process under the Patents Act in India to ensure that only true innovations receive protection. This scrutiny is particularly crucial in these sectors due to their direct impact on public health and the economy.
A key provision in the Indian Patents Act is Section 3(d), which limits patents for new uses or minor modifications of existing substances unless they demonstrate significant improvements in efficacy. This clause helps prevent companies from extending monopolies on existing drugs through trivial changes, ensuring continued access to affordable medicines.
These provisions strike a balance between fostering innovation and maintaining affordability. While they safeguard genuine innovations, they also prevent the misuse of patents to block affordable generics. This approach has supported the growth of India’s generic drug industry, while ensuring that life-saving medicines remain accessible to the public.
3. Rights Granted by a Patent
A patent holder enjoys several exclusive rights that allow them to control how their invention is used.
These rights include the ability to prevent others from:
- Making: No one can manufacture the patented product without the patentee’s permission.
- Using: Others cannot use the invention for commercial purposes.
- Selling: Selling or offering the patented product for sale without consent is prohibited.
- Importing: The patented invention cannot be imported into India without the patentee’s approval.
Patents can be categorized into different types based on their scope of protection:
1. Product Patents: These protect the invention itself, meaning only the patent holder can manufacture, sell, or distribute the patented product, such as a drug, unless licensed to others.
2. Process Patents: These protect the method of creating a product. Even if the end product is identical, using the patented process without authorization is prohibited, like a specific method for producing a chemical.
Example of Product and Process Patents
If a company holds a product patent for a pharmaceutical drug, no other company can manufacture, sell, or distribute that drug without the patent holder’s permission. Similarly, with a process patent, others are prohibited from using the patented method to produce a product unless authorized by the patent holder.
4. Term of Patent
In India, the term of patent protection under the Patents Act in India is 20 years from the date of filing the application, whether it is based on a provisional patent or complete specification.
For patents filed under the Patent Cooperation Treaty (PCT), the 20-year term is calculated from the international filing date, not from the date of national phase entry in India. This ensures consistency in patent protection across jurisdictions, in line with the provisions of the Patents Act in India.
This 20-year period is crucial for inventors and businesses, as it provides a period of market exclusivity to recover R&D investments and gain a competitive advantage. Such protection, as outlined in the Patent Act 1970, encourages innovation, ensuring that after this term, inventions enter the public domain, driving further advancements in technology and industry.
Related Read: What are the Types of Patent Applications in India?
What Can Be Patented?
To qualify for a patent, an invention must meet the following requirements:
1. Novelty
The invention must be new and not previously disclosed to the public. It should not be part of the existing body of knowledge.
2. Inventive Step
The invention should involve a significant inventive step that is not obvious to a person skilled in the relevant field.
3. Industrial Applicability
The invention must be capable of being used in some kind of industry. It should have practical utility and the ability to be manufactured or used in any industry.
4. Exclusions under Sections 3 and 4
The invention must not fall under the categories that are explicitly excluded from patentability, such as abstract ideas, scientific theories, or methods of agriculture.
Examples for Patentable and Non-Patentable Inventions
Here are the examples of Patentable and Non-Patentable inventions for a clear understanding:
1. Patentable Inventions
- A new pharmaceutical compound that treats a specific disease.
- A novel manufacturing process that significantly reduces production costs for a known product.
- An innovative mechanical device that improves efficiency in an industrial application.
2. Non-Patentable Inventions
- A mathematical formula or algorithm.
- An existing drug used for a new purpose without a significant improvement in efficacy.
- A method of doing business or a mere idea without any practical application.
Conclusion
The Patents Act in India is instrumental in shaping the intellectual property landscape in the country. It defines clear criteria for patentability, such as novelty, inventive step, and industrial applicability, while outlining the rights granted to patent holders. This Act plays a key role in fostering innovation by providing inventors with exclusive rights to their creations, which in turn encourages investment in research and development.
For those pursuing careers in civil services or in fields related to intellectual property, understanding the Patents Act in India is crucial. Familiarity with these regulations not only deepens knowledge of innovation protection but also equips individuals to contribute effectively to policy-making and the enforcement of these important laws.
Frequently Asked Questions
1. What is the Indian Patent Act 1970?
The Indian Patent Act 1970 is the primary legislation governing patents in India. It provides a legal framework for the grant of patents, outlining the criteria for patentability, the rights of patent holders, and the procedures for applying for and enforcing patents.
2. What are the 3 types of patents?
The three types of patents are Utility Patents for new inventions, Design Patents for ornamental product designs, and Plant Patents for new plant varieties asexually reproduced.
3. What cannot be patented under the Indian Patents Act?
The Indian Patents Act prohibits patents on inventions that are frivolous, contrary to public order or morality, methods of agriculture or horticulture, and discoveries of scientific theories or mathematical methods, among others.
4. What is compulsory licensing under the Indian Patents Act?
Compulsory licensing allows the government to authorise a third party to produce a patented product without the patent holder’s consent, ensuring access to essential medicines and promoting public health.
5. What is Section 3(d) and how does it affect pharmaceutical patents?
Section 3(d) prevents the patenting of new forms of known substances unless they demonstrate enhanced efficacy. This provision aims to prevent “evergreening” of patents in the pharmaceutical sector and promotes access to medicines.
6. Can I patent software in India?
Software alone is not patentable, but it can be patented if it is part of a novel invention that offers a technical solution to a problem and meets the criteria of novelty and industrial applicability.
7. How does India’s patent system comply with international agreements?
India’s patent system complies with international agreements by following the TRIPS standards, which set minimum IP regulations. As a WTO member, India has amended its patent laws to align with TRIPS, ensuring effective protection and enforcement of intellectual property rights.