Patents

Meaning of Patent

• A patent is a statutory exclusive right granted by the government to an inventor for an invention.
• It gives the patentee the exclusive right to prevent others from making, using, selling, offering for sale, or importing the patented invention without permission.
• In exchange, the inventor must fully disclose the invention to the public.

Definition of Invention (India)

Under Indian law, an invention is defined as a new product or process that involves an inventive step and is capable of industrial application.

• New product or process means the invention must not be previously known or used anywhere in the world.
• Inventive step implies that the invention should show a technical advance over existing knowledge or have economic significance and should not be obvious to a skilled person.
• Industrial applicability means that the invention must be capable of being made or used in any industry, including agriculture.

Thus, an invention must satisfy all three conditions simultaneously to qualify for patent protection in India.

Indian Patent System

• The Indian patent system is governed by the Patents Act, 1970.
• To comply with the TRIPs Agreement, the Act was amended in: 1999, 2002, 2005
• These amendments introduced major changes such as: Recognition of product patents, Strengthening of patent enforcement, Alignment with international standards
• The patent system is administered by the Indian Patent Office, which examines applications, grants patents, and maintains patent records.

The Indian patent system aims to balance global obligations with national interests.

Objectives of the Patent System

The main objectives of the patent system are:

• To encourage innovation and research by rewarding inventors for their creativity
• To promote technological advancement in various fields such as industry, agriculture, and biotechnology
• To provide economic incentives to inventors through exclusive rights
• To facilitate technology transfer by disclosing inventions to the public
• To balance inventor rights with public interest, ensuring accessibility and affordability

Thus, the patent system promotes development while safeguarding societal needs.

Criteria for Patentability

For an invention to be patented, it must satisfy three essential conditions:

(a) Novelty

• The invention must be new.
• It should not have been: Published, Used, Known publicly, anywhere in the world before the date of filing.
• Even a single prior disclosure can destroy novelty.

(b) Inventive Step (Non-obviousness)

• The invention should not be obvious to a person skilled in the art.
• It must show: Technical advancement, or Economic significance
• Mere workshop improvements or routine changes are not patentable.

(c) Industrial Applicability

• The invention must be capable of being made or used in an industry.
• The term “industry” includes: Agriculture, Manufacturing, Services
• The invention should have practical utility, not just theoretical value.

Types of Patents

(a) Product Patent

• A product patent provides protection for a new product itself, irrespective of the process used to make it.
• In India, product patents have been granted since 2005, after the amendment of the Patents Act to comply with TRIPs.
• The patent holder gets exclusive rights to make, use, sell, or import the patented product.
• Examples: Pharmaceutical compounds, Biotechnological products, Chemical substances

Product patents are important because they encourage high-end research and innovation.

(b) Process Patent

• A process patent protects a new method or process of manufacturing a product.
• Before 2005, India followed mainly a process patent system, especially in pharmaceuticals.
• Even after the introduction of product patents, process patents remain highly relevant in: Manufacturing industries, Chemical processes, Industrial production methods

Process patents promote technological efficiency and cost-effective production.

Patentable Subject Matter

The following categories of inventions are generally patentable, provided they satisfy novelty, inventive step, and industrial applicability:

• Machines and mechanical devices (tools, equipment, engines)
• Chemical compositions and compounds
• Biotechnology-related inventions (genes, recombinant products, microbial processes)
• Microorganisms (as allowed under Indian law)
• Agricultural tools and equipment
• Industrial and manufacturing processes

Patentable subject matter must have practical utility and technical advancement.

Non-Patentable Inventions (Sections 3 & 4 of the Patents Act)

Certain inventions are excluded from patent protection to safeguard public interest and morality.

Patents are not granted for:

• Discoveries of natural substances, as they are not inventions
• Scientific theories and mathematical methods, which lack industrial application
• Plants and animals, except microorganisms
• Methods of agriculture or horticulture, such as traditional farming techniques
• Traditional knowledge, already known to communities
• Inventions against public order or morality, including those harmful to life or environment

These exclusions ensure that patents do not restrict basic knowledge, biodiversity, or ethical values.

Term (Duration) of Patent

• The term of a patent in India is 20 years.
• The 20-year period is calculated from: Date of filing in case of ordinary (national) applications, International filing date in case of PCT applications
• After expiry, the patent cannot be renewed.
• Once expired, the invention falls into the public domain and can be freely used by anyone.

The fixed duration ensures a balance between inventor monopoly and public access.

Rights of a Patentee

A patentee enjoys the following exclusive rights:

• Right to make, use, sell, or import the patented invention
• Right to license the invention to others on agreed terms
• Right to assign or transfer the patent
• Right to sue for infringement in a court of law
• Right to commercialize the invention for economic benefit

These rights give inventors a temporary monopoly to recover research investments.

Obligations of a Patentee

Along with rights, the patentee has certain obligations:

• Full and clear disclosure of the invention in the patent specification
• Payment of renewal (maintenance) fees every year
• Working of the patent in India, i.e., the invention should be used commercially
• Compliance with compulsory licensing provisions, if public interest demands

Obligations ensure that patents are used for societal benefit, not merely to block competition.

Compulsory Licensing

• Compulsory licensing is a statutory license granted by the government without the consent of the patentee.
• It is issued in the public interest.

Applicable When:

• The patent is not worked in India
• The patented product is not available at an affordable price
• There is a national emergency or public health crisis

Compulsory licensing ensures a balance between patent monopoly and public welfare.

Patent Infringement

• Patent infringement occurs when a patented invention is made, used, sold, or imported without authorization.
• It violates the exclusive rights of the patentee.

Remedies Available:

• Injunction (court order to stop infringement)
• Damages or compensation
• Seizure or destruction of infringing goods

Infringement remedies protect the legal and economic interests of inventors.

Patents in Agriculture & Biotechnology

Patents play a significant role in modern agriculture and biotechnology.

• Protection Available For: Microorganisms, Biotechnological processes, Agricultural machinery and tools
• Supports Development of: Biofertilizers, Biopesticides, Improved farm technologies, Plant varieties are not patented in India and are protected separately under the PPV&FR Act, 2001.
• This system promotes innovation while safeguarding farmers’ rights.

Importance of Patents

Patents are important because they:

• Encourage research and development
• Promote industrial and technological growth
• Attract foreign investment
• Support a knowledge-based economy
• Facilitate commercialization of innovation

Overall, patents act as a driving force for economic and scientific progress.

Facts about Patents

• Patent is a statutory right.
• Patent protects an invention.
• Invention may be a product or a process.
• Patent rights are territorial.
• Patent validity is 20 years.
• Patent term is non-renewable.
• Indian patent law: Patents Act, 1970.
• Product patents in India allowed since 2005.
• Patent granted only if invention is novel, non-obvious, and industrially applicable.
• Patent disclosure is mandatory.
• Microorganisms are patentable in India.
• Plants and animals are not patentable.
• Methods of agriculture and horticulture are not patentable.
• Traditional knowledge is not patentable.
• Patent holder is called a patentee.
• Patent can be licensed or assigned.
• Patent infringement is unauthorized use.
• Remedies include injunction and damages.
• Compulsory license can be granted in public interest.
• Patent expires into the public domain.
• Patent promotes innovation and R&D.
• Patent encourages technology transfer.
• Patent protects economic interests of inventors.