Indian Patents Act 1970, Major Features, Patent Application Process

The Indian Patents Act, 1970 is the principal legislation governing patent protection and intellectual property rights in India. It provides the legal framework for granting exclusive rights to inventors while balancing innovation with public welfare, technological development, and access to essential goods.

Patent Meaning 

A patent is an exclusive legal right granted by the government to an inventor for a new invention. It gives the inventor the right to prevent others from making, using, selling, or importing the invention without permission for a certain period.

• Coverage: Patents generally protect new products, new processes, machines, chemicals, technological innovations. 
• Purpose: The basic principle behind patents is that they protect the idea and innovation behind an invention, not merely its expression.
• Implication: A patent holder gets the legal authority to challenge any unauthorized commercial use of the invention by a third party.
• Patent Registration: Patents must be officially registered. If an inventor fails to register an invention, another person who independently develops the same invention may legally obtain the patent.
• Patent Term: The term of the patent is generally for 20 years from the date of filing of the application of the patent. 
• Administration: Patent administration is handled by the Controller General of Patents, Designs and Trade Marks (CGPDTM).
• Primary Patent Law in India: In India, patents are protected through “Indian Patent Act 1970”. The Act was amended several times, especially in 1999, 2002, and 2005, to make India compliant with the WTO-TRIPS Agreement.

Indian Patents Act, 1970 Major Features

The Indian Patent Act of 1970 was introduced based on the recommendations of the Justice N. Rajagopala Ayyangar Committee Report (1959). The pact was created to replace the older Patents and Designs Act of 1911, and its main goal was to promote local innovation and technology development within India.The major features of the Indian Patents Act are: 

• Definition of Invention: The Act defines an invention as a new product or process involving an inventive step and capable of industrial application, thereby establishing the basic criteria for patentability in India.
• Triple Test of Patentability: An invention must satisfy the conditions of novelty, inventive step, and industrial applicability before a patent can be granted.
• Protection of True and First Inventor: The right to apply for a patent belongs to the true and first inventor or their legal assignee.
• Divisional Applications: Applicants may divide a patent application containing multiple inventions into separate divisional applications.
• Recognition of Economic Significance: The Act uniquely includes “economic significance” within inventive step, allowing protection for innovations that improve affordability or efficiency even without major technological breakthroughs, introduced through the 2002 Amendment.
• Product and Process Patent Protection: After the 2005 amendment, the Act provides both product and process patent protection across all fields of technology, including pharmaceuticals and chemicals.
• Patent Term [Section 53]: The Act grants patent protection for a period of 20 years from the filing date of the application.
• Exclusive Rights of Patent Holder: The patent holder receives exclusive rights to make, use, sell, distribute, and import the patented invention during the patent term.
• Publication of Patent Applications: Patent applications are generally published after 18 months from the filing or priority date, introduced in the 2002 Amendment.
• Request for Examination System : Patent applications are examined only after filing a Request for Examination, which helps reduce unnecessary examination of abandoned applications. It was introduced in the 2002 Amendment. 
• Pre-Grant and Post-Grant Opposition: The Act allows both pre-grant and post-grant opposition mechanisms to challenge weak or unjustified patents and maintain patent quality.
• Compulsory Licensing: The government may allow third parties to manufacture patented products without the consent of the patent holder if public needs are not met, prices are unreasonable, or the invention is not adequately worked in India.
  • India’s first (and only) Compulsory License was granted in 2012 to Natco Pharma for Bayer’s kidney cancer drug, Nexavar. 
• Prevention of Evergreening: Section 3(d), inserted in the 2005 Amendment, prevents pharmaceutical companies from obtaining patents on minor modifications of known drugs unless they demonstrate significant enhancement in therapeutic efficacy.
• Patent of Addition: The Act allows patents for improvements or modifications of existing patented inventions without requiring separate renewal fees.
• Revocation of Patents: Patents may be revoked on grounds such as lack of novelty, obviousness, wrongful obtaining, or non-disclosure of required information.

What Can’t be Patented:

• Exclusion of Non-Patentable Subject Matter [Section 3]: The Act excludes several categories from patentability including abstract theories, mathematical methods, business methods, traditional knowledge, methods of medical treatment, and computer programmes per se.
• Protection Against Bio Piracy: The Act prohibits patents on traditional knowledge or known properties of traditionally used substances, thereby protecting indigenous knowledge systems and community rights.
• Restriction on Medical Treatment Patents: Methods for medicinal, surgical, diagnostic, therapeutic, or curative treatment of humans and animals are not patentable to ensure unrestricted medical practice.
• Limited Patentability of Software: Computer programmes per se, algorithms, and business methods are excluded from patentability unless they demonstrate a clear technical effect or industrial application.
• Exclusion of Plants and Animals: Plants, animals, seeds, species, and essentially biological processes are not patentable, except for microorganisms.
• Atomic Energy Restrictions : Inventions relating to atomic energy are restricted from patent protection due to national security considerations.

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Procedure for Grant of Patent in India

The procedure for grant of a patent in India is a structured legal process designed to ensure that only novel, useful, and non-obvious inventions receive protection under the Indian Patents Act, 1970.

• Filing of Patent Application: The inventor files a patent application with the Indian Patent Office, along with complete specification, claims, drawings (if any), and prescribed fees.
• Publication of Application: After 18 months from the date of filing or priority date, the application is automatically published in the official patent journal to ensure public disclosure.
• Early Publication (Optional): The applicant may request early publication to speed up the process and make the application available for examination sooner.
• Request for Examination: The application is examined only after the applicant files a formal Request for Examination within the prescribed time limit.
• Examination by Patent Office: The examiner evaluates the application on criteria of novelty, inventive step, industrial applicability, and compliance with the Patents Act.
• First Examination Report (FER): The Patent Office issues objections (if any), highlighting deficiencies or requirements to be addressed by the applicant.
• Reply to Objections: The applicant must respond to the FER, amend claims if required, and provide clarifications within the stipulated time.
• Hearing (if required): If objections persist, the applicant may be called for a hearing before the Controller of Patents.
• Pre-Grant Opposition: Before grant, any third party may file an opposition challenging the validity of the patent application.
• Decision on Grant: If all requirements are satisfied and objections are resolved, the Controller proceeds to grant the patent.
• Publication of Grant: The granted patent is published in the official patent journal and enters the public record.
• Post-Grant Opposition: After grant, any interested party may challenge the patent within a specified period (generally 12 months).
• Grant of Exclusive Rights: Once granted, the patent holder receives exclusive rights under Section 48 to use, manufacture, and commercialise the invention for 20 years.

Indian Patents Act, 1970 Issues 

The Indian patent system faces several legal, administrative, and enforcement-related challenges despite having a strong framework for protecting innovation.

• Unclear rules on evergreening under Section 3(d) lead to confusion in deciding whether small changes in drugs deserve a new patent.
• Software and AI inventions face uncertainty because computer programs and algorithms are not clearly defined under patent law.
• Agricultural and biotech innovation is affected because plants and animals (except microorganisms) cannot be patented.
• Patent approval takes a long time due to backlog and shortage of technical experts in the patent office.
• Companies find compliance with Form 27 (reporting how a patent is used in India) complicated and sensitive.
• Patent disputes take many years in courts, so enforcement becomes slow and less effective.
• Many granted patents are not commercially used, so they do not always benefit the economy.
• Foreign investors feel uncertain due to compulsory licensing provisions that allow the government to permit third-party use in public interest.
• Some competitors misuse pre-grant opposition to delay approval of genuine patents.
• International criticism and trade pressure arise because of India’s strict patent protections for public interest.