Important Points of the Indian Patent Act 1970

The Patent Act is one of the most significant pieces of legislation in India’s journey toward protecting intellectual property rights. The Indian Patent Act of 1970, which came into force on April 20, 1972, laid the foundation for a modern intellectual property system in the country. It replaced the Indian Patents and Designs Act of 1911 and introduced a framework that promoted indigenous innovation while balancing public interest and accessibility.

This article explores the important points of the Indian Patent Act 1970, its objectives, structure, major provisions, amendments, and how it continues to shape India’s innovation ecosystem.

1. Introduction to the Patent Act

A patent is a legal right granted to an inventor for a novel invention that involves an inventive step and has industrial applicability. It gives the inventor exclusive rights to make, use, sell, or license the invention for a limited period — typically 20 years from the filing date.

The Patent Act 1970 governs the system of granting and enforcing patents in India. The Act ensures that innovations are protected while maintaining a balance between private monopoly and public welfare. It aligns with India’s commitment to global intellectual property standards and international treaties.

2. Objectives of the Indian Patent Act 1970

The Patent Act was enacted with clear socio-economic and technological objectives. Some of the primary goals include:

Encouraging innovation by granting exclusive rights to inventors for a limited time.
Preventing misuse of monopoly power by imposing reasonable restrictions.
Promoting industrial and technological growth by enabling Indian industries to innovate without fear of imitation.
Ensuring public access to essential goods, especially medicines and food, at affordable prices.
Balancing private rights and public interest, a key feature that differentiates the Indian system from many Western patent regimes.

3. Structure of the Patent Act 1970

The Patent Act 1970 is a comprehensive legal document divided into several chapters and sections, each covering distinct aspects of patent law. The main structure includes:

Chapter I – Preliminary (Definitions and scope)
Chapter II – Inventions not patentable
Chapter III – Applications for patents
Chapter IV – Publication and examination of applications
Chapter V – Opposition to grant of patent
Chapter VI – Anticipation
Chapter VII – Provisions for secrecy
Chapter VIII – Grant and sealing of patents and rights conferred
Chapter IX – Term of patent, renewal, and restoration
Chapter X – Assignments, transmissions, and licenses
Chapter XI – Working of patents and compulsory licenses
Chapter XII – Use of inventions by the government
Chapter XIII – Revocation of patents
Chapter XIV – Register of patents and patent offices
Chapter XV – Patent agents
Chapter XVI – Powers of Controller and Appellate Board
Chapter XVII – Offenses and penalties

This structural division helps streamline patent administration and enforcement under the Patent Act.

4. Key Definitions under the Patent Act

To fully understand the Patent Act, it’s essential to know some of its core definitions as outlined in Section 2:

Invention (Section 2(1)(j)) – A new product or process involving an inventive step and capable of industrial application.
Inventive Step (Section 2(1)(ja)) – A feature that makes the invention non-obvious to a person skilled in the art.
Patent – An exclusive right granted for an invention under the Patent Act.
Assignee – A person to whom the inventor transfers the rights of the patent.
Controller – The Controller General of Patents, Designs, and Trade Marks (CGPDTM).
Patent Office – The office under the CGPDTM responsible for patent administration.

These definitions lay the groundwork for interpreting the Patent Act correctly.

5. Patentable and Non-Patentable Inventions

One of the most important parts of the Patent Act 1970 is defining what can and cannot be patented.

Patentable Inventions

To qualify for a patent, an invention must satisfy three main conditions:

Novelty – The invention must be new and not part of the prior art.
Inventive Step – It must not be obvious to someone skilled in the relevant field.
Industrial Applicability – It must be capable of being made or used in an industry.

Non-Patentable Inventions (Section 3 and 4)

The Patent Act specifically excludes certain categories from being patented, including:

Frivolous inventions or those contrary to natural laws.
Inventions contrary to public order or morality.
Mere discoveries of scientific principles or abstract theories.
Discoveries of new forms of known substances without enhanced efficacy.
Methods of agriculture or horticulture.
Medical, surgical, or therapeutic methods.
Plants and animals in whole or any part thereof.
Computer programs per se (without technical application).
Traditional knowledge or aggregation of known properties.

These exclusions reflect India’s intent to balance innovation with ethical and social responsibility.

6. Patent Application and Filing Process

The Patent Act outlines the detailed procedure for filing and obtaining patents in India. The main steps include:

Filing the Application (Section 6–7)
- Applications can be filed by the inventor, assignee, or legal representative.
- Types of applications include provisional, complete, convention, PCT national phase, and divisional applications.
Publication (Section 11A)
- Applications are published after 18 months from the date of filing unless requested for early publication.
Examination (Section 12–14)
- The applicant must request examination within 48 months from the filing date.
- The Controller examines novelty, inventive step, and industrial applicability.
Opposition (Section 25)
- Pre-grant and post-grant opposition mechanisms exist to prevent wrongful patents.
Grant of Patent (Section 43)
- If no opposition or objection remains, the patent is granted and recorded in the register.

This transparent and multi-stage process ensures that only genuine inventions are patented under the Patent Act.

7. Duration and Renewal of Patent

As per Section 53 of the Patent Act, a patent is valid for 20 years from the filing date of the application. For international applications under the Patent Cooperation Treaty (PCT), the duration is counted from the international filing date.

Patents must be renewed every year by paying prescribed renewal fees. If the renewal is not paid, the patent lapses, but it can be restored within 18 months upon payment of additional fees and justification.

8. Rights of a Patentee

The Patent Act provides several exclusive rights to the patentee, including:

Exclusive production, use, and sale of the patented invention.
Right to license or assign the patent to others.
Right to sue for infringement.
Right to enjoy profits or royalties arising from the patent.

However, these rights are subject to limitations to ensure that the monopoly is not abused.

9. Compulsory Licensing

One of the unique features of the Indian Patent Act 1970 is the provision for compulsory licensing under Section 84.

A compulsory license allows the government or a third party to produce a patented product without the consent of the patent holder under specific conditions. The grounds include:

Failure to meet the reasonable requirements of the public.
The patented product is not available at a reasonably affordable price.
The invention is not being worked in India.

This provision was famously invoked in Bayer Corporation vs. Natco Pharma (2012), where Natco was granted a license to produce a generic version of Bayer’s cancer drug Sorafenib Tosylate (Nexavar).

The clause ensures that patents do not become barriers to public health and accessibility.

10. Revocation and Surrender of Patents

Under Section 64 of the Patent Act, a patent can be revoked on several grounds, such as:

Wrongful obtaining of the invention.
Lack of novelty or inventive step.
Non-disclosure of information or false suggestion.
Failure to comply with the Act’s requirements.
The invention being contrary to public order or morality.

A patentee may also voluntarily surrender the patent by submitting a request to the Controller under Section 63.

11. Government Use of Patents

The Patent Act allows the government to use patented inventions without the patentee’s authorisation in certain cases, such as:

For defense purposes.
To ensure public health and safety.
For research and educational use.

This power is granted under Sections 99–102 and is vital for addressing emergencies and promoting public welfare.

12. Patent Infringement and Remedies

The Patent Act provides strict remedies for patent infringement. Infringement occurs when a person makes, uses, sells, or imports a patented invention without authorisation.

Remedies for Infringement

Under Section 108, the patentee can seek:

Injunctions to stop infringement.
Damages or account of profits.
Seizure and destruction of infringing goods.

Civil courts have jurisdiction to handle infringement cases, ensuring proper legal recourse for patentees under the Patent Act.

13. Amendments to the Patent Act

The Patent Act 1970 has undergone several amendments to align with global standards, particularly following India’s membership in the World Trade Organisation (WTO) and adherence to the TRIPS Agreement (1995).

Major Amendments Include:

1999 Amendment – Introduced provisions for mailbox applications and Exclusive Marketing Rights (EMR).
2002 Amendment – Modernised the patent system; extended patent term to 20 years; allowed publication and opposition provisions.
2005 Amendment – Reintroduced product patents for pharmaceuticals and chemicals, fully complying with TRIPS.

These amendments transformed the Patent Act from a protectionist model to a TRIPS-compliant framework encouraging global competitiveness.

14. Role of the Controller General of Patents

The Controller General of Patents, Designs, and Trade Marks (CGPDTM) is the central authority responsible for the implementation of the Patent Act.

The Controller oversees:

Examination and grant of patents.
Maintenance of the patent register.
Enforcement of licensing and revocation provisions.
Supervision of patent agents and offices.

The Controller’s powers ensure the smooth functioning of the Indian patent system.

15. Patent Agents and their Role

Under Chapter XV, individuals qualified as patent agents are authorised to file applications and act before the Patent Office.

To become a patent agent, one must:

Be an Indian citizen.
Be at least 21 years old.
Hold a degree in science, engineering, or technology.
Pass the Patent Agent Examination conducted by the Indian Patent Office.

Patent agents play a crucial role in helping inventors navigate the procedural and legal complexities of the Patent Act.

16. International Treaties and the Patent Act

India is a member of several international treaties influencing the Patent Act, including:

Paris Convention (1883) – Priority rights for international filings.
Patent Cooperation Treaty (PCT, 1970) – Simplified multi-country patent applications.
Budapest Treaty (1977) – Micro-organism deposit recognition.
TRIPS Agreement (1995) – Standardisation of intellectual property protection across WTO members.

These treaties have shaped India’s patent regime to be globally aligned and transparent.

17. Significance of the Patent Act for India’s Growth

The Patent Act has played a crucial role in promoting innovation and industrial development in India. It has:

Encouraged R&D across sectors like pharmaceuticals, biotechnology, and engineering.
Created a strong legal environment for start-ups and research institutions.
Balanced patent protection with public interest through compulsory licensing.
Fostered global collaboration and foreign investment.

The Act continues to evolve with technological advancements, ensuring that India remains a competitive and responsible participant in the global innovation landscape.

18. Recent Developments and Future Outlook

With the rise of artificial intelligence, biotechnology, and digital inventions, the Patent Act faces new challenges. The government and the Indian Patent Office are continuously adapting to these emerging technologies by issuing guidelines for computer-related inventions (CRI) and updating examination practices.

Future reforms are expected to focus on:

Simplifying the patent process further.
Strengthening enforcement mechanisms.
Increasing awareness and capacity building.
Integrating AI tools for patent examination.

The Patent Act thus remains dynamic, evolving alongside scientific and technological progress.

Conclusion

The Indian Patent Act 1970 stands as a landmark in India’s intellectual property framework. It not only protects the rights of inventors but also ensures that innovation benefits the broader society. Through its well-defined procedures, provisions for public welfare, and adaptability to global norms, the Patent Act has established a strong foundation for India’s innovation-driven future.

As India continues to emerge as a global hub for science, technology, and entrepreneurship, the Patent Act will remain central to safeguarding innovation while promoting accessibility and equity.