India’s patent laws provide a robust framework to protect inventors and encourage innovation. The Patents Act, 1970, governs the grant and regulation of patents in the country. This legislation has undergone amendments to align with global standards and accommodate evolving technological landscapes.
Granting of Patents:
The patent system in India aims to reward inventors for their ingenuity by granting them exclusive rights over their inventions for a limited period. Inventions that are novel, non-obvious, and industrially applicable are eligible for patent protection. The patent application process involves thorough examination by the Indian Patent Office to ensure compliance with these criteria.
Types of Patents:
India recognizes three main types of patents:
Product Patents: Covering new and useful products.
Process Patents: Protecting new and inventive methods or processes of manufacturing.
Use Patents: Pertaining to new uses of known substances.
The Term of Patent Protection:
The term of patent protection in India is generally 20 years from the date of filing the application. This period allows inventors to capitalize on their inventions before the technology enters the public domain.
Legal Remedies for Patent Infringement:
If someone infringes upon a patent holder’s exclusive rights, the Patents Act provides various legal remedies. The aggrieved patent holder is having civil as well as criminal remedies :
Civil Remedies:
Injunctions: A patent holder can seek a court order to prevent further infringement.
Damages or Account of Profits: The court may award damages or order the infringer to account for the profits derived from the infringement. Delivery-up: The court can order the infringing products or articles to be delivered up to the patent holder.
Criminal Remedies:
Patent infringement is a criminal offense, and the penalties may include imprisonment and fines.
Revocation of Patent: Interested parties can file for the revocation of a patent if they believe that the granted patent is unjustified. The revocation can be sought on grounds such as prior publication, public knowledge, or lack of inventive step.
Compulsory Licensing: If a patent is not commercially exploited in India to a reasonable extent within three years of its grant, or if the patented invention is not available to the public at a reasonably affordable price, a third party can apply for a compulsory license.
Infringement Proceedings:
The patent holder can initiate infringement proceedings in the appropriate court, seeking remedies and damages.
International Cooperation: India is a signatory to international agreements like the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which sets global standards for the protection of intellectual property, including patents. This ensures that the Indian patent system aligns with international norms.
