Patent law is also an important field of intellectual property law that intends to ensure innovation and technological progress through awarding exclusive rights to inventors over a transitory period. A patent is used to give legal safeguard to an invention ensuring that no other person or entity can reproduce, utilize, market or import a patented invention without permission of the person who has patented the item. The inventor, on his part, has to reveal the invention to the world hence, making a contribution to scientific knowledge and industrial development.
In India, patent law is regulated by the Patents Act, 1970 which has been revised a few times following the international practices, especially after India joined the World Trade Organization (WTO) by signing the TRIPS Agreement (Trade-Related Aspects of Intellectual Property .
MEANING AND CONCEPT OF A PATENT
A patent is a legal right awarded by the government to an inventor on an invention which is of a new nature, has an inventive step and can be implemented industrially. The term patent is registered as a word based on the Latin word patere or to lay open and depicts the basic concept of exposing inventions to the population.
The main aim of the patent law is to achieve a balance between the right of the inventors and the right of the society. Although the creators are rewarded on inventiveness and investment, the society gains financially on exposure of a new technology and knowledge which would be advanced further when the patent is expired
PATENTABLE INVENTIONS UNDER INDIAN LAW
Section 2(1)(j) of the Patents Act, 1970 defines an “invention” as a new product or process involving an inventive step and capable of industrial application. Thus, three essential requirements must be fulfilled:
- Novelty – The invention must be new and should not form part of the prior art.
- Inventive Step – The invention must involve a technical advance or economic significance that is not obvious to a person skilled in the art.
- Industrial Applicability – The invention must be capable of being made or used in an industry.
Only when all these conditions are satisfied can an invention be considered patentable.
NON-PATENTABLE INVENTIONS
- Section 3 and Section 4 of the Patents Act also state some categories of inventions which cannot be patented. These exclusions are guided by the social policy, ethics and the necessity to avoid monopolization of basic knowledge. Other significant non-patentable subject matters are:
- scientific principles or natural laws discovery.
- Theoretical abstractions or mathematical approaches.
- Simple observations of new forms of known substances without increased efficacy.
- Agricultural techniques or horticulture.
- Medical and surgical means of treatment of animals or humans.
- Computer programs in themselves (but with rare exceptions, technical application).
- The exclusions are necessary so that protection of patents is not offered to consider the territories that may negatively affect the common good, or limit the access to the necessary knowledge
PROCEDURE FOR GRANT OF PATENT
The process of obtaining a patent in India involves several stages:
- Filing of Patent Application – An application can be provisional or complete and must include detailed specifications of the invention.
- Publication of Application – The application is published after 18 months from the filing date.
- Request for Examination – The applicant must request examination within the prescribed period.
- Examination and Objections – The patent examiner examines the application and raises objections, if any.
- Response and Hearing – The applicant must respond to objections and may be granted a hearing.
- Grant of Patent – If all requirements are satisfied, the patent is granted and entered in the patent register.
RIGHTS OF A PATENTEE
Once a patent is granted, the patentee enjoys several exclusive rights under the Act. These include the right to:
- Make, use, sell, or import the patented invention
- License or assign the patent to others
- Initiate legal action against infringers
These rights are territorial in nature, meaning they are enforceable only within the country where the patent is granted.
TERM OF PATENT AND COMPULSORY LICENSING
The duration of a patent in India is 20 years So far as the application date is concerned. Upon the lapse of this time, the invention is put into the public domain.
The concept of compulsory licensing that ensures that the rights of patent violation is prevented also enjoys acceptance in the patent law. In some conditions, the government can license third parties without the input of the patentee such as non-working of the patent or unaffordable prices of the necessary goods. This is of particular significance in such a sector as pharmaceuticals where the public health concerns should be of the primary priority.
INFRINGEMENT OF PATENT AND REMEDIES
Patent infringement occurs when a person, without authorization, performs any act that falls within the exclusive rights of the patentee. The Patents Act provides both civil remedies for infringement, including:
- Injunctions
- Damages or account of profits
- Delivery-up or destruction of infringing goods
Indian courts have played an active role in interpreting patent law, particularly in balancing patent rights with public interest, as seen in landmark pharmaceutical patent cases.
IMPORTANCE OF PATENT LAW IN MODERN SOCIETY
The patent law is very vital in the promotion of research and development in the modern knowledge-based economy. It gives inventors and investors a legal assurance of security, hence encouraging innovation and technological advancement and economic growth. Concurrently, the restrictions and protections in the patent law make sure that monopolies do not make the accessibility of crucial goods and services a problem.
CONCLUSION
Patent law is a vital instrument for promoting innovation while safeguarding public interest. The Indian patent regime, through the Patents Act, 1970, seeks to maintain a careful balance between rewarding inventors and ensuring the availability of technology for societal benefit. For a law student, understanding patent law is essential, as it reflects the intersection of law, technology, economics, and public policy. As innovation continues to shape the future, patent law will remain a dynamic and evolving area of legal practice.
Contributed by: Akash singh