Patent Law in India

We are aware of how apple revolutionized the telecommunication and computing industry with the introduction of the iPhone.

However, they hold the exclusive rights to manufacture, market, and profit from the sale of iPhones.

Samsung or Google cannot replicate their product, as that is a violation of patent law.

Patent law is a section of intellectual property law addressing tangible and intangible inventions in any sector or industry.

The patent is a legal document that dictates the proprietary rights by the court of law.

The product or design is patented if they are –

  • Not a natural object or process
  • Productive
  • New
  • Unique

Application of patents is valid for innovative products, scientific discoveries, coding algorithms, business strategies, management techniques, or genetically modified organisms.

However, courtrooms often face dilemmas and debate over whether an invention is unobvious and brand new.

20 years

The inventor or aggregator can use the patent to reproduce and sell their product for 20 years. Sometimes, license registrations require a fee.

The Indian Patents and Designs Act (1911) implemented the patent law in India.

The Patents Act (1970) was enacted in 1972 to introduce amendments to the existing legislation.

Changes made to the Act in 2005 included patents for innovations in food technology, microbiology, drugs, and chemicals.

Any Indian or foreign resident can apply for a patent in the Indian Patents Office, as long as they are the first to file.

The inventor needs to disclose the best approach and usage of the invention known to them. Also, include information regarding its scope in the industry and society.

Rejection of patents occur on specific grounds such as –

  • Direct violation with established natural laws
  • Liability to law and order
  • Ideas or intangible discoveries
  • Substances made from rearrangement or mixing existing products
  • Method of agriculture or horticulture
  • Mathematical or business method

The patentee can press charges against anyone who infringes on their patent rights provided by the Patents Act.

Investigation of the violation verifies whether it falls in the scope of the invention.

The infringement of patent rights occurs when the infringer is responsible for intruding on the creator’s statutory rights.

It usually involves unauthorized reproduction, marketing, and selling of the patented item for personal gain.

To know more about patent law and procedure for application, fill-up the form on our website and get in touch with expert legal counsel and intellectual property advisors.


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