In this article, we'll be taking a brief look at the history of the Indian patent system. We'll be focusing on how it has changed and developed over time, and what the current system looks like. We'll also be looking at some of the challenges that the system faces. By the end of this article, you should have a good understanding of the Indian patent system and how it works.
A brief history of the Indian patent system, including how it began and how it has evolved over time. So let's begin...
What is a Patent?
A patent is nothing but a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention.
A Brief History of the Indian Patent System -
The Indian patent system began in 1856 when the British government introduced the Patents Act in India. This act allowed for the grant of patents for new inventions in the country. The first patent was granted in March 1856 to an Englishman a civil engineer, George Alfred DePenning of 7, Grant's Lane, Calcutta petitioned the Government of India for grant of exclusive privileges for his "An Efficient Punkah Pulling Machine" invention.
In 1856 the protection of inventions was based on the British Patent Law of 1852. Certain exclusive privileges are granted to inventors of new manufacturers for a period of 14 years.
The Patents Act was amended several times over the years, most notably in 1911 and 1970. The 1911 amendment introduced the concept of "compulsory licensing", which allowed the government
The process for enforcing a patent in India, and the remedies available to patent holders.
A patent is a territorial right and is enforceable only within the geographical limits of the country in which it is granted. In order to enforce a patent in India, the patentee has to file a suit in the competent court. The competent court for patent infringement cases is the district court having territorial jurisdiction over the place where the infringement has taken place or is taking place.
The Indian Patents Act, 1970 provides for both civil and criminal remedies against infringement of patents. The civil remedies
Some notable Indian patent cases, and how they have helped to shape the jurisprudence and practice of patent law in India, include the following.
The Novartis Case
The Novartis case was a dispute over the patentability of an updated version of the drug imatinib mesylate, which is used to treat leukemia. The case went all the way to the Supreme Court of India, which ultimately ruled against Novartis. The court held that the updated version of the drug was not a new invention and therefore was not eligible for patent protection. This decision was seen as a victory for patient rights and access to affordable medicines in India.
The Bolar Exception
The Bolar exception is a legal principle that allows for the early marketing of generic versions of a patented drug. This exception is designed to promote competition and keep prices down for medicines that are still under patent protection.
The Indian courts have interpreted the Bolar exception narrowly, meaning that generic companies can only market their products for a limited time before the patent expires. However, this interpretation has been challenged in recent years, with some courts taking a more liberal approach.
The different types of patents that are available in India, and what they protect.
As above said, a patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to get a patent, technical information about the invention must be made available to the public in a patent application.
There are three types of patents that are available in India - Utility, Design, and Plant.
1) Utility Petant - Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter or any new and useful improvement thereof
2) Design Petant - Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture
3) Plant Patent - Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
How to file for a patent in India, including the necessary paperwork and fees.
In order to file for a patent in India, an applicant must first file a patent application with the Indian Patent Office. The application must include a description of the invention, a claims section, and an abstract. The applicant must also pay a filing fee. After the application is filed, the Indian Patent Office will review the application and decide whether to grant a patent.
Patent Duration in India -
In India, Patent Duration is 20 years from the date of filing of patent application