The Patents Act, 1970
The Patents Act, 1970 is the principal legislation governing patents in India. It provides the legal framework for the grant, enforcement, and protection of patents, encouraging innovation and protecting inventors' rights.
Purpose
To provide exclusive rights to inventors for their inventions for a limited period.
To promote innovation and technological advancement in India.
To balance the rights of inventors and the public interest.
Key Features
Patentable Subject Matter:
The Act defines what can and cannot be patented.
Inventions must be new, involve an inventive step, and be capable of industrial application.
Certain items like mere discoveries, scientific theories, and mathematical methods are not patentable.
Term of Patent:
The patent term is 20 years from the date of filing the application.
Patent Application Process:
Filing a patent application with the Indian Patent Office.
Publication of the application 18 months after filing.
Examination and grant of patent if all conditions are met.
Rights of the Patentee:
Exclusive right to prevent others from making, using, selling, or distributing the patented invention without consent.
Compulsory Licensing:
The government can grant compulsory licenses to third parties in certain cases, such as non-working of the patent, public health emergencies, or if the invention is not available to the public at a reasonable price.
Infringement and Remedies:
Procedures and penalties for patent infringement.
Remedies include injunctions, damages, and accounts of profits.
Amendments:
The Act has undergone several amendments to comply with international agreements like the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).
Important Amendments
The 2005 amendment aligned India’s patent laws with the TRIPS Agreement, allowing product patents in pharmaceuticals and chemicals.
Earlier, only process patents were allowed for pharmaceuticals.
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