A patent is a proprietary right granted to an invention by a sovereign body. In
this study report, we will objectively examine India's Patent Laws and how much
they've changed over the years. We began by exploring intellectual property
rights and how they have changed. This paper reflects on the numerous
improvements and modifications made to the Indian Patents Act since it was
passed in 1970. The shifting patent laws in India's pharmaceutical industry are
also discussed, as well as how productively they have performed in the
Economic policy and legislation together regulate a country's socio-economic
growth. Part of the explanation for the connection between creation and law is
the recognition that without intellectual property rights, civilization will not
be able to create science, cultural, or creative works at their best. In today's
world, the scope of products has expanded to include a broad range of
operations, covering the whole value chain from raw materials to finished goods.
This is why policymakers offer rewards and advantages to inventors while still
ensuring that valuable technologies are shielded from being replicated and
misinterpreted. Intellectual property (IP) refers to the cognitive innovations
like inventions, artistic works and symbols, compositions, names, and pictures
that are used in trade. In today's world, intellectual property rights (IPR) and
their security has gained a lot of traction. Since Act VI of 1856 on the defense
of inventions, the world has changed dramatically. The foregoing theories are
being established by court rulings in this digital age: moral rights,
neighboring rights, and author special rights.
Furthermore, as the internet has
grown in popularity, the threats of music piracy and plagiarism have multiplied,
negatively impacting the Indian economy. In the fact that we accept and value
intellectual property rights, the defense provided has always been insufficient
and debatable. Science, technology, trade, and economic growth have brought
unparalleled dynamism to the world, posing unprecedented challenges to India's IPR security regime. The Trade-Related Intellectual Property Rights Agreement
(TRIPS), which is administered by the WTO, identifies the current system of
intellectual property legislation for all WTO member countries. This has
improved India's ability to invest in research and development, specifically in
the pharmaceutical industry.
Patent And Laws In India
For a set amount of time, a Patent is an exclusive right granted by a country to
prohibit anyone from creating, using, or selling a patented invention (Once the
patent is granted, they are valid for 20 years from the date of filing an
application, subject to an annual renewal fee). The aim of this legislation is
to promote innovations by encouraging their preservation and proper application.
The Patents Act of 1970, which went into effect on April 20, 1972, was the first
step in developing Intellectual Property Rights in independent India. Via device
patenting, the Act paved the way for reverse engineering. Both member countries
were obliged to obey TRIPS Agreement laws after the foundation of the World
Trade Organization (WTO) and the subsequent implementation of the Trade-Related
Intellectual Property Rights (TRIPS) Agreement in 1995.
The laws stipulated that
product patents be issued for a term of ten years. On March 22, 2005, India
revised its Patent Laws to satisfy its TRIPS commitments, repealing its "method"
Patent Law and replacing it with a "product" Patent Law. In the years 1999,
2002, and 2005, India's Patent Law was revised to satisfy TRIPS Arrangement
criteria and introduce country-specific adjustments. By January 2005, India had
reported in accordance with all Trips agreements.
Patents are copyright protections for new innovations. Persons who invent any
new system, method, item of manufacturing, or structure of matter, as well as
biological discoveries, are given certain privileges. In order to be patented,
an invention must follow such requirements, which can vary from country to
country. In general, the technology must be novel and practical, or capable of
being used in industry. An individual who receives a patent for his invention
has the sole right to prohibit anyone from producing, using, selling, or
exporting it without his permission. A patent is generally valid for 20 years
from the date of filing the claim (for the patent).
Changes Accord In Patent Laws In India
The Indian Patents Act (1970), as revised by the Patents (Amendment) Act, 1999,
and the Patents (Amendment) Act, 2002, provides the legislative basis for
The following are some of the most important changes brought on by
these revisions to the original Act of 1970:
- Indians can now apply for patents anywhere in the world with no
- The word "purpose" is defined in compliance with the TRIPS agreement,
and it covers all goods and processes in all fields of technology. Only
methods or processes of manufacturing related to food, medicines, and
medications were patentable prior to the amendment.
- The list of products that do not qualify as innovations for granted
patents has been revised to include TRIPS Arrangement exclusions.
Previously, an invention could not be patented if its main or desired use
was illegal, immoral, or harmful to public health. It would no certainly be
viewed as an invention if its main or intended use, or industrial
exploitation, may be in violation of public morals or inflict significant
harm to person, animal, or living species, wellbeing, or the ecosystem.
Biodiversity and conventional knowledge security, as well as facts under the
non-patentable invention category. Under the amended act, any living entity
or nonliving object discovered in existence is not considered an invention.
- As a result of amendments authorizing product trademarks, the patentee's
rights have been brought in accordance with the TRIPS Agreement's clauses.
- In compliance with the TRIPS deal, reversal of the duty of evidence
where a method patent is infringed on has been included. It is now up to the
complainant to demonstrate that the device he is using is not the same as
the proprietary process supposedly infringed upon.
- Patent terms are now uniformly 20 years, as required by TRIPS.
Previously, a process patent for food, medication, or drug was valid for
five years from the date of sealing or seven years from the date of filing,
whichever came first, and fourteen years from the date of the patent for
some other invention.
- The allocation of the right licenses has been withdrawn, and compulsory
licensing has been brought inline with TRIPS.
- There are provisions allowing the exclusive use of special marketing
privileges. There are provisions for the simultaneous import of proprietary
Changing Dimensions Of Patent Law In The Pharmaceutical Industry
India has a flourishing generic pharmaceutical industry that supplies drugs at
some of the lowest costs in the world. The Patents Act of 19701, which repealed
the colonial Patents and Designs Act of 1911, claims nearly all of the blame for
the advent of the generic industry.
Since the nation's patent law was changed to make it compliant with the Treaty
on Trade-Related Aspects of Intellectual Property Rights, India's generic
pharmaceutical manufacturers face a slew of challenges. The two main aspects of
the Patents Act of 1970, which had favored generic firms, were modified.
Pharmaceutical inventions were protected by product patents, and a uniform
20-year term of patent protection was created.
However, the Indian government took advantage of the TRIPS Agreement's
flexibility and included two clauses in the revised Patents Act that could
reduce the burden on generic firms. The first was Section 3(d), which forbids
patents on small improvements on current goods. The aim of this clause was to
remove the risk of "patent evergreening." Section 3(d) means that the generic
corporations can continue to do business in the public realm.
The Indian pharmaceutical industry has been a major lead over the last two
decades by providing low-cost drugs to a wide variety of countries. The
Pharmaceutical sector faces significant obstacles in the ever-shifting field of
intellectual property rights. Some of India's primary economic allies, the
United States and the European Union, have criticized the possibilities offered
by the Indian Patents Act, which has allowed generic drug producers some
breathing room in the region.
Intellectual Property Rights can be described as the rights granted to
individuals over their mental creations. In today's information age,
intellectual property rights (IPR) are a vital weapon. It protects developers
and other manufacturers of products and services by giving them time-limited
freedom to decide how they are used. It is a privilege for writers, inventors,
and all other new innovations that may be special to our world.
A Patent in return for publishing an encouraging public announcement of the
invention grants the holders the moral right to prevent anyone from creating,
using, or selling the invention for a finite period of time. We might infer from
this analysis that Patent Laws have been revised from period to period for
proper working and have retained their efficacy not only internationally but
also in India. The Indian Patents Act has also been amended multiple times and
with required improvements made, especially in the pharmaceutical industry.
The changing nature of the country's patent regime and its effect on creativity
in the Indian pharmaceutical industry can be seen in this way, which explains
why the pharmaceutical industry is one of the world's largest.
Also, while this research I got to know that people in India are less aware of
intellectual property rights due to a high level of illiteracy in terms of
patents, copyright, and other related issues. It is our obligation to be mindful
of these rules, and the government should keep those programs on a daily basis
to inform the public.
Written By: Shruti Sharma,
- Uday S. Racherla, Historical Evolution of India’s Patent Regime and Its
Impact on Innovation in the Indian Pharmaceutical Industry. https://link.springer.com/chapter/10.1007/978-981-13-8102-7_12
- Transforming Dimension of IPR Challenges for New Age Libraries, NLU
1st year, B.A.L.L.B(Hons. - Maharashtra National Law University, Nagpur