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Indian Patent Act 1970

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A patent is a unique, unassignable right that the government grants to an innovator or inventor. Preventing any person or organisation from improperly using the patented design, concept, or procedure is the primary objective of the Patent. This means that without permission, no one else may create, offer for sale, use, import, or otherwise deal with the patented invention. You have to safeguard your innovation by filing a patent application for your unique idea or creative work.

Who Can Apply for a Patent?

A patent can be applied by anybody in India who has created a new and useful product. This covered people, businesses, academic institutions, research groups, and governmental organisations. For an invention to be qualified for patent rights, it must currently be quasi and have industrial application. The applicant needs to be the product’s principal and original inventor. Preceding the documenting of the patent application, the creation can’t have been openly delivered or uncovered in any way, anyplace on the planet. It is basic to be aware that there are two distinct rights: the option to petition for a patent and the option to have one granted.

Historical Background of the Indian Patent Act

The first Patent-based law enforced in India was in 1911. The current Patents Act came into existence after the consolidation and amendment of various sections of the preceding Acts. The most recent amendment was in 2005. The idea of product patents for technology that could be utilised to produce food or microorganisms was first introduced by the Patents (Amendment) Act of 2005.

Effects of the Act:

The new patent policy at the time was thought to be a substantial hurdle because of increased product pricing. However, the government has moved forcefully to ensure low costs for essential drugs and has used mandatory licencing as a tool to control excessive prices.

The objective of the law was to set out equivalent open doors for native and foreign pharmaceutical and medical companies.

In spite of early doubt, Indian pharmaceutical companies that produce nonexclusive medications have flourished throughout recent years.

Also, multinational corporations have R&D centres in India.

Term of Patent

In India, all patents have a 20-year term from the date of filing, regardless of whether they are filed with a complete or provisional specification.

However, the 20-year period starts on the international filing date for applications submitted under the Patent Cooperative Treaty (PCT).

Patent Infringement

Patent infringement is the unapproved use, conveyance, or creation of a protected innovation without the patent holder’s permission. It happens when an individual or organisation produces, markets, imports, or uses an item that is identical to, or almost identical to, the subject of a lawfully binding patent. This might comprise an infringement of the patent proprietor’s exclusive rights to their creation and lead to lawful activity, which might incorporate fines and orders halting further infringement. To prevent patent infringement, cautious examination should be finished.

What are the Exceptions to Patent Infringement under the Patents Act 1970?

The Indian Patent Act 1970 notes the concept of a mandatory license for the private usage exception under the provisions of

  • Sec. 84: Compulsory licenses
  • Sec. 85: For inactivity, the revocation of patents by the Controller
  • Section 92: On notifications by the Central Government, a special provision for mandatory licenses
  • As per Sec. 47 of the Act, the exception is allowed for the patented inventory’s experiment and scientific purpose.

The Indian Patent Act 1970 has yielded with article 30 of the TRIPS agreement to grant the exceptions that do not become partial to the patent owner. A Patent on an invention vests the exclusive right of the patentee to restrict others from manufacturing, trading, using, or offering for sale in the geographical area where the Patent is granted or imported an invention into the province of patent grant for a defined time, in return for the public exposure of the invention. The provision of exceptions to patent infringement under the TRIPS agreement controls the monopoly and uncompetitiveness.

Rights and Duties of Patentee

Having a patent entitles a person or organisation to a number of rights and responsibilities. In addition to assuring that the inventions are used rights and responsibilities brought to market in a way that benefits society as a whole, these also aid in protecting the patent holder’s intellectual property. Section 48 of the Indian Patent Act outlines the patentee’s rights.

Rights of a Patentee:

  1. Exclusive right to use the Patent
  2. Right to sell or license the Patent
  3. Right to protection in other countries
  4. Right to sue for infringement
  5. Right to receive royalties/profits
  6. Right to assignment of Patent

Duties of a Patentee:

  1. Duty to disclose information
  2. Duty to maintain the Patent
  3. Duty to comply with laws and regulations related to patents
  4. Duty to mark the Patent for people to be aware
  5. Duty to use the Patent in good faith

Impact of the Indian Patent Act on Business and Innovation

Indian business and innovations are significantly impacted by India patent act. It offers entrepreneurs and innovators legal protection for their inventions, which encourages them to invest more funds and energy to their growth. This protection enables inventors and business owners to make a profit from their hard work and commercially exploit their inventions.

Businesses need to safeguard their intellectual property rights in order to attract investments and maintain a competitive advantage in the market. The Indian Patent Act helps them do this. Granting the owners exclusive rights stimulates competition, creativity, and innovation, as well as the expansion of businesses.

Conclusion

When it comes to the money invested in creating new technologies, patents can offer both individuals and businesses significant value and greater returns; when it comes to the how, where, and when of patenting, one should employ a strategic approach that balances commercial interest in using the technology with a multitude of possibilities. For instance, a business may be able to save a lot of money and enhance the rights acquired through patents by concentrating on global factors and national laws.

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G.Durghasree B.A.B.L (Hons)

G Durghasree B.A.B.L (Hons) is a registered trademark attorney with extensive experience as an Advocate for a period of 8 years. She possesses expertise in trademark law, including trademark filing and trademark hearings. Additionally, she is skilled in contract drafting and reviewing, providing legal advice and opinions, particularly in the areas of Company Law, Insolvency and Bankruptcy Code (IBC), and Goods and Service Tax Law (GST). Her experience encompasses both litigation and non-litigation aspects of these laws.