CONCEPT OF PATENTS
Introduction
The idea of a patent is to provide legal protection to an inventor for his invention. An invention may be a product (like a new machine or medicine) or a process (like a new method of manufacturing something). The Government, through patent law, gives the inventor an exclusive right to use, make, and sell that invention for a limited period of time. During this time, no one else can copy or use the invention without the inventor’s permission.
The reason behind granting a patent is that inventions require a lot of effort, time, and money. If anyone could freely copy an invention, inventors would have no motivation to invent new things. At the same time, society also benefits because the inventor has to disclose all details of the invention in the patent document. After the patent expires, the invention becomes part of the public domain and can be used freely by everyone.
Meaning of Patent
The term “patent” comes from the Latin word patere, which means to make open. This shows that a patent is not a secret right. In fact, when a patent is granted, the invention is made public through the patent specification. The inventor cannot keep the invention hidden if he wants legal protection.
According to Section 2(1)(j) of the Patents Act, 1970, an invention means:
“a new product or process involving an inventive step and capable of industrial application.”
This means that not every discovery or idea can be patented. The invention must be new, it must have an inventive step (not obvious to a person skilled in that field), and it must be useful in industry.
Example: If a scientist discovers a new drug molecule that can cure a disease in a way not known before, this invention may be patented. But if someone simply discovers a new use of turmeric (already well-known in India for centuries), that cannot be patented.
Objectives of Patent Law
The patent system serves multiple purposes:
- Encouragement of Innovation: It provides a reward to inventors and motivates others to do research.
- Public Disclosure of Knowledge: By filing a patent, the inventor must describe the invention in detail, which increases the knowledge available to society.
- Balance of Interests: The inventor gets a monopoly only for a limited time (20 years), after which the invention becomes free for all.
- Promotion of Industry and Economy: Patents help in industrial growth, attract foreign investment, and support technology transfer.
- Preventing Exploitation: Especially in areas like medicine, patent law ensures that monopoly is limited and does not harm public health.
Historical Development of Patent Law in India
Early Period
The first patent law in India was Act VI of 1856, based on the British Patent Law of 1852. It gave inventors exclusive privileges for 14 years. However, this law was repealed because it was passed without the approval of the British Crown. Later, Act XV of 1859 was introduced, which made improvements. It allowed patents only to the true and first inventor and introduced the concept of priority rights.
Indian Patents and Designs Act, 1911
This Act consolidated the law on patents and designs. It created the office of the Controller of Patents and set the duration of patents at 16 years. This law continued till after independence.
Post-Independence Reforms
After independence, the Indian Government felt that the 1911 Act heavily favoured foreign patentees and multinational corporations. Most patents were held by foreigners, especially in food and medicine, which led to high prices and limited availability of essential goods.
To address this, the Government appointed the Patent Enquiry Committee (1949) and later the Justice N. Rajagopala Ayyangar Committee (1959). The Ayyangar Report was very influential. It recommended that India should allow only process patents (not product patents) in food, medicine, and chemicals. The reason was to prevent foreign companies from creating monopolies over essential goods and to encourage Indian industries to produce medicines at affordable prices.
Patents Act, 1970
Based on the Ayyangar Report, the Patents Act, 1970 was enacted (effective from 1972). It replaced the 1911 Act. The 1970 Act introduced several changes:
- Allowed product patents in most fields but not in food, medicines, and chemicals.
- Only process patents were allowed in those sensitive areas.
- The duration of patents was fixed at 14 years, but only 7 years for drugs and food patents.
This system helped Indian pharmaceutical companies to produce cheap generic medicines and made India self-reliant in medicine production.
TRIPS and Amendments
In 1995, India became a member of the World Trade Organization (WTO) and was required to follow the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). TRIPS required India to provide both product and process patents in all fields.
Thus, the Patents Act was amended in three stages:
- 1999 Amendment: Introduced “mailbox applications” (to hold product patent applications until law changed) and “exclusive marketing rights.”
- 2002 Amendment: Patent duration was fixed at 20 years for all inventions.
- 2005 Amendment: Allowed product patents in all areas, including food and medicine. This was a major shift in Indian patent law.
Case Laws
- Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1979 SC):
Supreme Court held that a patent is granted only for a true invention, not for minor changes that any skilled person could make. - Novartis AG v. Union of India (2013 SC):
Novartis applied for a patent on its cancer drug Glivec. The Court rejected it under Section 3(d), saying there was no significant enhancement of efficacy. This case highlighted India’s strict standard for pharmaceutical patents. - Monsanto Technology v. Nuziveedu Seeds (2018 SC):
Concerned Bt cotton seeds. The Court stressed balancing patent rights with public interest, especially in agriculture.
Conclusion on Concept
The concept of patents is thus a balance between rewarding inventors and serving society. India’s patent system has evolved from colonial laws that favoured foreign patentees to a system that today complies with international standards under TRIPS, while still protecting public health and interest.
FAQ
Q1. Define a Patent. Explain the essential requirements of an invention under the Patents Act, 1970.
Answer:
A patent is an exclusive right given by the Government to an inventor to make, use, and sell his invention. According to Section 2(1)(j), an invention must be (i) new, (ii) involve an inventive step, and (iii) be capable of industrial application. Novelty means the invention has not been disclosed before; inventive step means it is not obvious to a skilled person; and industrial application means it is useful in industry.
Q2. Trace the history of Patent Law in India.
Answer:
Patent law in India began with Act VI of 1856, modeled on British law. Later, Act XV of 1859 improved the system. The Indian Patents and Designs Act, 1911, consolidated the law. After independence, the Ayyangar Committee (1959) recommended restricting product patents in food and medicine. Based on this, the Patents Act, 1970 was passed, allowing only process patents in those fields. Later amendments in 1999, 2002, and 2005 brought India in line with TRIPS, making patents available in all fields with a uniform term of 20 years.
