Patent Law in India

A patent is the government’s exclusive right to prevent others from using, making, or selling an innovation for a set period of time. For improvements to their earlier invention, a patent is also attainable. The basic goal of patent legislation is to encourage innovators to contribute more to their fields by giving them exclusive rights to their ideas.

As a signatory to TRIPS, India was obligated to update its Patents Act to conform with the treaty’s obligations. On January 1, 1995, India had to meet the first set of conditions in order to provide pipeline protection until the government began granted product patents.

On April 20, 1972, the Patents Act 1970 and the Patents Rules 1972 took effect, replacing the Indian Patents and Designs Act 1911.

Allowing process patents for inventions linked to pharmaceuticals, drugs, food, and chemicals was one of the recommendations. The Patents (Amendment) Act of 2005 revised the Patents Act of 1970 to expand product patents to all sectors of technology, including food, medicine, chemicals, and microbes.

Provisions relating to exclusive marketing rights (EMR) have been deleted, and a clause allowing the award of compulsory licenses has been added as a result of the alteration. Pre-grant and anti-post-grant protest provisions have also been added.

The Patents Act was largely based on the suggestions of Justice N. Rajagopala Ayyangar’s Committee Report, allowing only process patents for inventions relevant to medications, medicines, food, and chemicals was one of the recommendations.

Later, India signed international treaties with the goal of strengthening its patent system and aligning itself with the modern world.

The exclusions regarding what can be patented in India are clearly stated in Sections 3 and 4 of the Indian Patents Act, 1970. In order to secure a patent in India, various requirements must be met. They are as follows:

  • Subject of the patent:

 The most critical factor to evaluate is whether or not the invention relates to a patentable subject matter.

 Non-patentable subject matter is listed in Sections 3 and 4 of the Patents Act.

Unless the invention falls under one of the provisions of Sections 3 or 4, it is a patentable subject.

  • Novelty:

         When it comes to determining the patentability of an invention, innovation is a critical factor.

   A novelty or new invention is defined as “no innovation or technique published in any document before the date of filing of a patent application, anywhere in the country or the world,” according to      Section 2(l) of the Patent Act.

  • Inventive Step

An inventive step is defined as “the characteristic of an invention that incorporates scientific advancement or is of economic importance or both, as compared to existing knowledge, and invention not obvious to a person competent in the art,” according to Section 2(ja) of the Patents Act.

  • Capable of Industrial Application

Industrial applicability is defined as “the invention is capable of being manufactured or employed in an industry” in Section 2 (ac) of the Patents Act. This essentially means that the invention can’t exist in a vacuum. It must be able to be used in any industry, which means it must be of actual utility in terms of patents.

INFERENCE

Individuals and businesses can get a lot of bang for their buck when it comes to developing new technology thanks to patents. In the quest for how, where, and when to patent, an intelligent strategy should be used that aligns corporate interests to adopt the technology with a wide variety of possibilities. For example, by focusing on international concerns and rules in specific countries, a corporation might save money and improve the rights it has obtained through patents.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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