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Patent

A Patent is an exclusive right granted by the government to an inventor for a limited period in exchange for the public disclosure of the invention. It is one of the most important forms of intellectual property and plays a crucial role in encouraging technological innovation and industrial development. In India, patents are governed by the Patents Act, 1970 as amended by the Patents (Amendment) Acts of 1999, 2002, and 2005. The administration of patents in India is vested in the Controller General of Patents, Designs and Trade Marks with the Patent Office headquartered in Kolkata.

Meaning and Definition

Under Section 2(m) of the Patents Act, 1970, "patent" means a patent for any invention granted under the Act.

Under Section 2(j), "invention" means a new product or process involving an inventive step and capable of industrial application.

A patent essentially gives the inventor a monopoly over his invention for a specified period — during this period, no one can make, use, sell, or import the patented invention without the patentee's permission.

Conditions for Patentability

For an invention to be patentable, it must satisfy the following three conditions:

1. Novelty The invention must be new — it must not have been known, used, or published anywhere in the world before the date of filing. The invention must not form part of the existing "state of the art."

2. Inventive Step — Section 2(ja) The invention must involve an inventive step defined as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.

3. Industrial Applicability — Section 2(ac) The invention must be capable of industrial application — i.e., it can be made or used in any kind of industry including agriculture.

Non-Patentable Inventions — Section 3

Section 3 lists the following as non-patentable:

  • Frivolous inventions or inventions contrary to natural laws
  • Inventions contrary to public order or morality
  • Mere discovery of a scientific principle
  • Mere discovery of a new property or new use of a known substance (Section 3(d) — anti-evergreening)
  • Substances obtained by a mere admixture
  • Methods of agriculture or horticulture
  • Methods of treatment of human beings or animals
  • Plants and animals
  • Mathematical methods, business methods, computer programs per se
  • Literary, dramatic, musical, or artistic works
  • Traditional knowledge

Types of Patents in India

1. Product Patent Protects the product itself — the physical article or compound. Anyone who makes the product without permission infringes the patent, regardless of the process used.

2. Process Patent Protects a process or method of making something. Only the specific process is protected — others can make the same product by a different process.

After the 2005 amendment, India grants both product and process patents in all fields of technology, including pharmaceuticals.

Rights of Patentee — Section 48

The patentee has the exclusive right to:

  • Make, use, offer for sale, sell, and import the patented product in India
  • Use the patented process and make, use, offer for sale, sell, or import the product directly obtained by the patented process

Duration of Patent — Section 53

Every patent is granted for 20 years from the date of filing. To keep the patent in force, annual renewal fees must be paid from the 3rd year. Failure to pay renewal fees results in the patent lapsing.

Infringement of Patent — Section 104

Patent infringement occurs when a person uses the patented invention without the patentee's permission. The patentee can file a suit for infringement before the District Court or High Court. Remedies include:

  • Injunction
  • Damages or account of profits
  • Seizure and destruction of infringing goods

Compulsory Licensing — Section 84

A compulsory license can be granted by the Controller if:

  • The reasonable requirements of the public are not satisfied
  • The invention is not available at a reasonably affordable price
  • The invention is not worked in India

Important Case Laws

1. Novartis AG v. Union of India (2013) The Supreme Court upheld the rejection of Novartis's patent for Gleevec under Section 3(d), confirming that new forms of known substances must show significantly enhanced efficacy to be patentable.

2. Natco Pharma Ltd. v. Bayer Corporation (2012) India's first compulsory license was granted for the cancer drug Nexavar, making affordable generic versions available to Indian patients.

3. Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1979) The Supreme Court held that for patentability, the invention must be new and must involve an inventive step — mere workshop improvements are not patentable.

Conclusion

Patents are a cornerstone of the intellectual property system, providing essential incentives for innovation and technological progress. The Patents Act, 1970 as amended provides a balanced framework for patent protection in India — strong enough to encourage innovation while flexible enough to protect public interests, particularly in the area of public health. India's approach to patents, particularly through provisions like Section 3(d) and compulsory licensing, has become a model for developing countries seeking to balance IP protection with access to essential medicines and technologies.

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