8/4/2019 Introduction to Indian Patent System

1/7

Introduction to Indian patent System

8/4/2019 Introduction to Indian Patent System

2/7

A small History

1856 - Protection for inventions formally

started

Based on the British Patent Law of 1852

1972 - The Patents Act came into force on

April 20, 1972

1994 Indian signs GATT agreement

Amendments to the 1970 Act (2002)

8/4/2019 Introduction to Indian Patent System

3/7

8/4/2019 Introduction to Indian Patent System

4/7

Indian Patent Act,1970 and TRIPS

Indian Patent Act,1970 TRIPS

Only process not product patents in

food, medicines, chemicalsProcess and product patents in almost

all fields of technology

Compulsory licensing and license of

right

Limited compulsory licensing, no

license of right

Government allowed to use patented

invention to prevent scarcity

Very limited scope for governments to

use patented inventions

Term of patents 14 years; 5-7 in

chemicals, drugs

Term of patents 20 years

Source: Adapted from Patent Office Technical Society, Indian Patent Act, 1970

and Rules, 1991 and MVIRDC, GATT Agreements: Results of the Uruguay

Round, World Trade Centre, January 1995

8/4/2019 Introduction to Indian Patent System

5/7

Product and Process patents

Product patents are wider than process patents

Process patent: competitor may reverse engineerend product and re-assemble it through different

process Infringement proceedings: Burden of proving

difference of process must be put on defendant incertain cases

Product patent: no re-assembly of productthrough different process, as substance as such isprotected

8/4/2019 Introduction to Indian Patent System

6/7

Compulsory licensing and License of

right

Compulsory Licensing (CL) allows governments tolicense third parties (that is, parties other thanthe patent holders) to produce and market a

patented product or process without the consentof patent owners.

In the area of food, drug, medicine or chemical, afterthe expiry of three years from the date of patent

grant, they shall be endorsed with the word "Licenseof Right". These enable any interested person as amatter of right to be entitled to work such patents.

8/4/2019 Introduction to Indian Patent System

7/7

Need for the Change

Based on the refusal of the Government to

provide pharmaceutical patent protection,

India has become a haven for bulk

pharmaceutical manufacturers who pirate the

intellectual property of the worlds research-

based pharmaceutical industry.