Patents Act 1970

The Patents Act, 1970 is the primary legislation governing patents in India. Here’s a comprehensive overview:

Background and Purpose:

• Enactment: Passed in 1970, this Act replaced the earlier Indian Patents and Designs Act, 1911. It came into force in 1972.

• Objective: To encourage technological innovation by granting legal protection to inventions, balancing the rights of inventors with public interest. It aims to promote the dissemination of technical knowledge and to prevent monopolies that could stifle technological growth.

Key Provisions:

1. Patentability:

   • Criteria: An invention must be new, involve an inventive step (non-obvious), and be capable of industrial application.

   • Exclusions: Certain subjects are not patentable, including methods of agriculture or horticulture, inventions contrary to public order or morality, and discoveries of scientific principles or mathematical methods (Sections 3 and 4).

2. Term of Patent:

   • Duration: A patent under this Act is granted for 20 years from the date of filing the patent application, subject to the payment of renewal fees (Section 53).

3. Filing and Examination:

   • Application: The process involves filing a patent application with the Patent Office, which includes a specification describing the invention.

   • Examination: Applications are examined for compliance with the Act’s provisions. If not opposed, a patent may be granted.

4. Rights of Patentee:

   • Exclusive Rights: The patentee has the right to exclude others from making, using, selling, importing, or offering for sale the patented invention in India.

5. Opposition:

   • Pre-Grant Opposition: Allows for opposition to a patent application before it is granted (Section 25(1)).

   • Post-Grant Opposition: Provides for opposition within one year from the date of patent publication (Section 25(2)).

6. Compulsory Licensing:

   • Public Interest: The Act allows for compulsory licensing under certain conditions like public health emergencies or if the patented invention isn’t available at a reasonable price (Chapter XVI).

7. Revocation:

   • Grounds: Patents can be revoked on various grounds, including if the invention was wrongly obtained, if the patent was granted on false statements, or if the patentee has contravened any condition for obtaining the patent (Section 64).

8. Secrecy Provisions:

   • National Security: Inventions relevant to national defense can be kept secret; the Controller can refuse to grant a patent or order that no patent or publication be made (Chapter VII).

9. International Arrangements:

   • PCT: India has provisions to align with international patent systems like the Patent Cooperation Treaty (PCT) for international filings.

Amendments:

• The Act has been amended several times to keep pace with international obligations, particularly under the TRIPS Agreement. Key amendments include:

  • 1999 Amendment: Introduced the “mailbox” system for pharmaceutical patents and Exclusive Marketing Rights (EMR) to comply with TRIPS.

  • 2002 Amendment: Allowed for filing of applications for patents outside India with prior permission.

  • 2005 Amendment: Introduced product patents for pharmaceuticals and chemicals, abolished EMR, and included provisions for pre-grant opposition.

Impact and Criticism:

• Positive Impact: Encouraged indigenous innovation, especially in pharmaceuticals, by fostering a generic drug industry while still providing protection for new inventions.

• Criticism: Some argue that stringent patentability criteria, particularly Section 3(d) which prevents “evergreening” of patents, might discourage foreign investment or delay access to new drugs.

The Patents Act, 1970, represents India’s effort to create a patent system that is both globally competitive and mindful of national priorities like public health and technological self-reliance. Its ongoing evolution reflects the delicate balance between protecting intellectual property and ensuring the broader interests of society are served.