Patent Laws & Rights in India – An Overview of the Patent Act
- Home
- Patent Laws & Rights in India – An Overview of the Patent Act
The foundation of patent rights in India lies in the Patent Act, 1970, which has been amended several times to align with international agreements and the TRIPS framework. The Act provides inventors with exclusive rights to their innovations, preventing unauthorised use, sale, or distribution. Under the patent laws in India, protection is granted for a period of 20 years, subject to compliance with renewal obligations. Understanding the structure and scope of these provisions is essential for individuals, researchers, and businesses operating in diverse industries.
Patent rights are a form of intellectual property protection, designed to safeguard new inventions. They provide the inventor with legal authority to stop others from making, using, or selling the invention without consent. In India, patents are territorial, meaning they are enforceable only within the country. The Patent Act specifies conditions for what may or may not be patented, ranging from technological innovations to chemical processes, provided they satisfy the tests of novelty, inventive step, and industrial applicability.
The Patent Act, 1970, along with the Patent Rules, forms the primary framework.
Patents are valid for 20 years from the filing date.
Mathematical methods, medical treatments, plants, and certain software are not patentable under Sections 3 & 4.
The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) manages applications and enforcement.
Patent protection is available to individuals, research institutions, start-ups, small entities, and large corporations. In India, companies may seek patent rights while operating under structures such as:
Foreign applicants can also apply, provided they comply with requirements such as submitting incorporation documents, turnover declarations, and details about the innovative nature of the business.
The invention must be new, involve an inventive step, and be capable of industrial application. It must not fall into the list of exclusions.
An application can be provisional or complete. It should include detailed specifications, claims, and necessary forms submitted to the Indian Patent Office.
Applications are automatically published after 18 months unless an early publication request is made.
A request for examination must be filed. The patent office then examines the application for compliance.
Pre-grant and post-grant opposition mechanisms exist, allowing third parties to challenge patentability.
If all requirements are met and no opposition succeeds, the Controller grants the patent.
Patents require periodic renewal through payment of prescribed fees and filing of working statements.
Patent holders in India must:-
While the patent laws in India provide robust protection, certain challenges remain. These include backlog in examination, limited enforcement infrastructure, and complexities in opposition proceedings. International businesses must also understand territorial limits and explore global filings through systems such as the Patent Cooperation Treaty (PCT).
A patent remains valid for 20 years from the filing date, provided renewal fees are paid.
Software per se is excluded under Section 3(k) of the Patent Act, though software tied to hardware or technical applications may be patentable.
A provisional specification secures an early filing date, while a complete specification fully defines the invention.
The patent lapses, though restoration may be possible under certain conditions.
Yes, Foreign companies may apply directly or through local representatives, with additional documentation required for proof of incorporation and entity status.