Patent Rights in India

In India Patent rights are governed by the Patents Act, 1970. The Patent law provides for the grant of patents for new inventions or discoveries that are capable of industrial application and/ or has economic significance. A patent gives the owner exclusive rights to prevent others from making, using, selling, importing, or exporting the patented invention without permission.

To obtain a patent in India, an inventor must file a patent application with the Indian Patent Office (IPO) and meet certain requirements like novelty, non-obviousness, unity of invention, not prohibited under Patent Act. The application must also contain a detailed description of the invention and how it works.

Once a patent is granted, it is valid for 20 years from the date of filing the application subject to renewal. During this period, the patent owner has the exclusive right to use and license the invention.

India also has certain provisions to ensure that the patent system does not impede public access to essential medicines, public health, contrary to natural principles and likewise. Under the law, the government can issue compulsory licenses to manufacture and sell patented drugs in certain circumstances, such as in the case of a national emergency or to make the drug available at an affordable price.

Overall, India’s patent system seeks to balance the rights of inventors with the needs of society, particularly in the area of public health.

To get your patent application drafted as per law and provisions contact a patent attorney.

Source: Swarupa Ghosh (Patent Attorney), WIPO, CGPDTM, IPO