Patents Laws in India
Sure! Here’s a clear overview of patent laws in India:
Patent Laws in India
Governing Law:
The primary legislation is the Patents Act, 1970, as amended multiple times, with the latest significant amendments in 2005 to comply with the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).
The law is administered by the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) under the Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce and Industry.
Key Features of Indian Patent Law:
1. Patentable Subject Matter
An invention must be:
New
Involve an inventive step
Be industrially applicable
Patentable inventions include products, processes, machines, and improvements thereof.
Exclusions include:
Frivolous or contrary to natural laws
Mere discoveries of scientific principles or abstract theories
Methods of agriculture, medicinal/ surgical/therapeutic treatments
Plants and animals (except microorganisms)
Software per se (but software combined with hardware or technical application may be patentable)
Traditional knowledge or inventions contrary to public order or morality
2. Patent Application Process
Applications are filed with the Indian Patent Office.
Applications include specifications (provisional and complete), claims, abstract, and drawings.
A request for examination must be filed within 48 months of filing date.
The patent office conducts:
Formal examination
Substantive examination (on request)
The patent may be granted if it meets all requirements after examination.
3. Patent Term
The patent term is 20 years from the filing date.
Annual renewal fees are required to maintain the patent.
4. Compulsory Licensing
India allows compulsory licenses to be issued in cases like:
Reasonable public demand not met
Non-working of patent in India
High prices making the invention inaccessible
This provision was notably invoked in pharmaceuticals to ensure access to medicines.
5. Rights Conferred
Exclusive rights to prevent others from making, using, selling, or distributing the patented invention without consent.
6. Opposition and Revocation
Pre-grant opposition: Third parties can oppose a patent application before grant.
Post-grant opposition: Can be filed within one year of patent grant.
Revocation proceedings can be initiated to cancel a patent.
7. Enforcement
Patent infringement cases are handled by the civil courts.
Remedies include injunctions, damages, accounts of profits, and destruction of infringing goods.
International Treaties
India is a member of:
Paris Convention (priority claims)
Patent Cooperation Treaty (PCT)
TRIPS Agreement (administered under WTO rules)
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