Historical Overview of Patent Law in India
Along with Rights, Duties and Obligations of a Patentee
Patent law in India has evolved over time to protect innovation and promote technological advancement. The journey of patent legislation in India reflects the country’s transition from colonial influence to a TRIPS-compliant regime under the WTO.
Historical Timeline of Patent Law in India
- 1856: First Indian patent legislation - based on British law - known as the Act VI of 1856, provided protection for 14 years.
- 1911: The Indian Patents and Designs Act, 1911 consolidated all previous laws and remained in force until 1970.
- 1970: The Patents Act, 1970 introduced after recommendations of the Ayyangar Committee to encourage local innovation; excluded product patents for food, drugs and chemicals.
- 1995: India became a member of the WTO and signed the TRIPS Agreement, requiring patent law reforms.
- 2005: Major amendment to the Patents Act to allow product patents in all fields including pharmaceuticals.
- Present: The law is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).
Rights of a Patentee
- Exclusive Rights: The patentee has exclusive rights to make, use, sell, and import the patented invention.
- Right to License: Can assign or license the patent to others for consideration.
- Right to Sue: Can initiate legal action against infringement.
- Commercial Benefits: Can earn royalties and exploit the invention commercially.
Duties and Obligations of a Patentee
- Disclosure: Must disclose the invention in full, including best method of working.
- Payment of Renewal Fees: Must pay annual fees to keep the patent in force (up to 20 years).
- Working of Patent: Patentee must file a statement of working of the invention in India annually (Form 27).
- Public Use: Should not misuse the monopoly; the government may grant a compulsory license if public needs are unmet.
- Compliance: Must adhere to limitations and conditions under the Patents Act, 1970.
Summary Table
| Aspect | Description |
|---|---|
| Law Governing | The Patents Act, 1970 (as amended in 2005) |
| Duration | 20 years from the filing date |
| Governing Body | Controller General of Patents, Designs & Trade Marks (CGPDTM) |
| Patentable Subject | New, novel, and industrially applicable inventions |
| Major Rights | Exclusive use, licensing, right to sue |
| Major Duties | Disclosure, fee payment, public interest obligations |
The Indian patent regime aims to balance innovation protection with public access. While the patentee enjoys commercial rights and monopoly, the law also imposes duties to ensure that inventions serve public interest and industrial development.
Posted by Pavan Law Chambers | Intellectual Property Rights Litigation
Post a Comment