📜 What Is the Patents Act, 1970?

The Patents Act, 1970 is the main law that governs patents in India. It was enacted to:

●​ Encourage innovation and technological progress

●​ Provide exclusive rights to inventors
●​ Balance public interest with private innovation

It came into force in 1972 and has been amended several times—especially in 2002 and 2005—to
align with international standards like the TRIPS Agreement under the WTO.

🧩 Structure of the Act

The Act is divided into 23 chapters. Here are the most important ones simplified:

Chapter What It Covers

I. Preliminary Definitions and scope of the Act

II. Inventions Not Lists what cannot be patented (e.g., abstract ideas, natural
Patentable laws)

III. Applications for Who can apply and how to file a patent
Patents

IV. Publication & How applications are published and examined

Examination

V. Opposition to Grant How others can oppose a patent before it’s granted

VIII. Grant of Patents How patents are granted and what rights are given

XVI. Compulsory Allows others to use a patent in public interest (e.g., for
Licensing affordable medicines)

XVIII. Infringement What counts as infringement and legal remedies

 XXI. Patent Agents Who can represent inventors before the Patent Office

✅ Key Features of the Patents Act

1. Patentable Inventions

To be patentable, an invention must be:

●​ New (Novel)
●​ Non-obvious (Inventive Step)
●​ Industrially applicable (Useful)

2. Non-Patentable Inventions (Section 3 & 4)

Some things cannot be patented in India, such as:

●​ Laws of nature or mathematical methods

●​ Traditional knowledge
●​ Inventions related to atomic energy

3. Patent Term

●​ Valid for 20 years from the date of filing

●​ Must be renewed annually from the 3rd year onward

4. Rights of Patentee

●​ Exclusive right to make, use, sell, or license the invention

●​ Right to sue for infringement

5. Compulsory Licensing

●​ If a patented product is not available to the public at a reasonable price, the

government can allow others to use it without the owner’s permission

⚖️ Administration
●​ Managed by the Office of the Controller General of Patents, Designs & Trade Marks
(CGPDTM)
●​ Patent Office branches are located in Delhi, Mumbai, Chennai, and Kolkata

🧠 Summary Table
Feature Description

Governing Law The Patents Act, 1970

Duration of Patent 20 years from filing date

 What Can Be Patented New, non-obvious, and useful inventions

What Cannot Be Abstract ideas, natural laws, traditional knowledge, etc.

Patented

Rights of Patentee Exclusive rights to make, use, sell, or license the invention

Public Safeguards Compulsory licensing, opposition, and revocation provisions

📜 Why Were Amendments Needed?

India’s original patent law (1970) focused on process patents, especially for medicines, to ensure
affordable access. But after joining the World Trade Organization (WTO) in 1995, India had to
align its laws with the TRIPS Agreement, which required product patents and stronger IP
protection.

🧩 Major Amendments to the Patents Act

🔹 1. Patent (Amendment) Act, 1999
●​ Why? To comply with TRIPS obligations (Phase 1)
●​ Key Changes:
●​ Introduced a system for filing product patent applications (called "mailbox applications")
●​ Allowed Exclusive Marketing Rights (EMRs) for pharmaceutical and agrochemical
products until full product patents were introduced

🧠 This was a temporary step before full product patent protection.

🔹 2. Patent (Amendment) Act, 2002
●​ Why? To modernize the patent system and prepare for full TRIPS compliance
●​ Key Changes:
●​ Introduced product patents in all fields except pharma and agrochemicals
●​ Extended patent term to 20 years
●​ Established the Intellectual Property Appellate Board (IPAB)
●​ Allowed compulsory licensing under certain conditions
●​ Introduced pre-grant opposition and post-grant opposition

📌 This amendment made the system more transparent and globally aligned.
🔹 3. Patent (Amendment) Act, 2005
●​ Why? To fully comply with TRIPS (final phase)
●​ Key Changes:
●​ Allowed product patents for pharmaceuticals and agrochemicals
●​ Removed EMRs (no longer needed)
●​ Strengthened compulsory licensing provisions
 ●​ Introduced Section 3(d) to prevent "evergreening" of patents (minor changes to old drugs
can’t be patented)

💊 This was a major shift—India now allowed product patents but added safeguards to protect
public health.

🔹 4. Tribunal Reforms Act, 2021

●​ Why? To streamline the tribunal system
●​ Key Changes:
●​ Abolished the IPAB
●​ Transferred appeals and disputes to High Courts

⚖️ This made the system faster and more accessible.

🔹 Patent (Amendment) Rules, 2024
●​ Why? To simplify and modernize procedures
●​ Key Changes:
●​ Reduced compliance burden for applicants
●​ Introduced faster examination timelines
●​ Allowed email communication and digital signatures
●​ Provided fee discounts for startups and educational institutions

🚀 These changes make the patent process more user-friendly and tech-savvy.
🧠 Summary Table
Amendment Purpose Key Highlights
Year

1999 TRIPS Phase 1 Mailbox system, EMRs

2002 TRIPS Phase 2 20-year term, IPAB, opposition system

2005 TRIPS Final Phase Product patents for drugs, Section 3(d),
compulsory licensing

2021 Tribunal reform IPAB abolished, High Courts handle appeals

2024 Simplification and Faster processing, digital tools,

digitization startup-friendly rules
📜 What Is Patentable Subject Matter?
Under the Patents Act, 1970, an invention must fall within the scope of "patentable subject
matter" to be eligible for a patent. This means it must be the kind of thing the law allows to be
protected.

To be patentable in India, an invention must:

1.​ Be a product or process

2.​ Be new (novel)
3.​ Involve an inventive step (not obvious)
4.​ Be industrially applicable (useful)
5.​ Not fall under Sections 3 or 4 of the Patents Act (which list non-patentable things)

❌ What Is Not Patentable in India? (Section 3 & 4)

Here are some things that cannot be patented, even if they are new or useful:

Category Examples

Laws of nature or abstract Mathematical formulas, scientific theories

ideas

Natural discoveries A new plant or mineral found in nature

Traditional knowledge Ayurvedic remedies already known to communities

Mere discoveries Discovering a new property of a known substance

Frivolous or immoral A machine that claims to defy gravity or violates public

inventions morality

Methods of agriculture A new method of growing crops or watering fields

Medical procedures Surgical or therapeutic methods for humans or animals

Software per se A computer program without technical application or

hardware integration
 Business methods A new way of doing e-commerce or banking

Atomic energy-related Anything related to atomic energy (barred under Section 4)

inventions

🧠 Even if something is new and useful, it won’t be patentable if it falls into these excluded
categories.

✅ What Can Be Patented?

If your invention is:

●​ New
●​ Non-obvious
●​ Useful
●​ Not excluded under Sections 3 or 4

...then it may be patentable!

Examples of Patentable Subject Matter:

●​ A new type of engine that improves fuel efficiency

●​ A machine that automates a manufacturing process
●​ A chemical compound with a new medical use
●​ A device with a unique design and function
●​ A software-based invention that controls hardware or solves a technical problem

🧠 Summary Table
(Sessional 25)

Criteria Explanation

Patentable Subject Must be a product or process that is not excluded under

Matter Sections 3 or 4

Novelty Must be new and not disclosed anywhere in the world

Inventive Step Must not be obvious to someone skilled in the field

Industrial Applicability Must be capable of being made or used in an industry

(Sessional 25)

🧠 Step-by-Step: Patent Filing Procedure in India

1. Document Your Invention

●​ Write down your invention in detail: what it is, how it works, and what makes it new.
●​ Include drawings, diagrams, or flowcharts if needed.

📝 This is your foundation—everything starts from here.

2. Conduct a Patentability Search (Optional but Recommended)

●​ Check if your invention is new and not already patented.

●​ You can search online databases like:
●​ Indian Patent Advanced Search System (InPASS)
●​ Google Patents

🔍 This helps avoid wasting time and money on something that’s already known.
3. Draft the Patent Application

You can file:

●​ A Provisional Application (if your invention is not fully developed)

●​ A Complete Specification (if your invention is ready)

📄 Provisional Application:
●​ Gives you a priority date (early protection)
●​ You must file the complete application within 12 months

📄 Complete Specification:
●​ Includes title, abstract, background, detailed description, claims, and drawings

4. File the Patent Application

●​ Submit your application to the Indian Patent Office (online or offline)

●​ Use Form 1 (application), Form 2 (specification), and Form 3 (statement of undertaking)

💻 Online filing is done through IP India’s e-filing portal

5. Publication of the Application

●​ The application is published in the official patent journal after 18 months from the filing
date.
●​ You can request early publication using Form 9.

📰 Once published, your invention becomes visible to the public.

6. Request for Examination (RFE)

●​ File Form 18 to request examination within 48 months of filing.

●​ A patent examiner checks if your invention meets all legal requirements.
🧪 No RFE = No examination = No patent.
7. Respond to Examination Report

●​ If the examiner raises objections, you’ll receive a First Examination Report (FER).
●​ You must respond within 6 months (extendable by 3 months).

🛠️ This is your chance to clarify or amend your claims.

8. Pre-Grant Opposition (if any)

●​ Before the patent is granted, others can oppose it if they believe it shouldn’t be approved.
●​ This is rare but possible.

9. Grant of Patent

●​ If everything is in order, the patent is granted and published in the Patent Journal.
●​ You receive a certificate of patent.

🎉 You now have exclusive rights for 20 years from the filing date!
10. Post-Grant Maintenance

●​ Pay annual renewal fees starting from the 3rd year to keep the patent active.
●​ If you miss payments, the patent may lapse.

💰 Think of it like renewing your license every year.

🧠 Summary Table
Step Form Used Time Limit / Notes

Draft Invention — Include drawings and technical details

Patent Search (Optional) — Helps check novelty

File Application Form 1, 2, 3 Provisional or Complete

Early Publication (Optional) Form 9 Speeds up publication

Request for Examination Form 18 Within 48 months of filing

Respond to FER — Within 6 months (extendable by 3 months)

 Grant of Patent — After successful examination

Renewal Fees — From 3rd year onward

🛠️ Step-by-Step: Patent Granting Procedure in India

1. Filing the Patent Application

●​ You start by submitting your invention to the Indian Patent Office.

●​ You can file:
●​ A Provisional Application (if your invention is still being developed)
●​ A Complete Specification (if your invention is ready)

📄 Forms used: Form 1 (application), Form 2 (specification), Form 3 (undertaking), and optionally
Form 5 (declaration of inventorship).

2. Publication of the Application

●​ Your application is automatically published after 18 months from the filing date.
●​ You can request early publication using Form 9.

📰 Once published, your invention becomes visible to the public.

3. Request for Examination (RFE)

●​ You must file Form 18 to request the patent office to examine your application.
●​ This must be done within 48 months of the filing date.

🔍 No RFE = No examination = No patent.

4. Examination by the Patent Office

●​ A Patent Examiner checks if your invention meets all legal requirements:

●​ Novelty
●​ Inventive step
●​ Industrial applicability
●​ Not excluded under Sections 3 or 4

📌 If there are issues, you’ll receive a First Examination Report (FER).

5. Responding to Objections

●​ You must respond to the FER within 6 months (extendable by 3 months).

●​ You can:
●​ Clarify your invention
●​ Amend claims
●​ Provide supporting documents

🛠️ This is your chance to defend your invention.

6. Pre-Grant Opposition (if any)
 ●​ Before the patent is granted, any person can oppose it under Section 25(1).
●​ Grounds include lack of novelty, obviousness, or wrongful inventorship.

⚖️ If no opposition or if it’s resolved, the process moves forward.

7. Grant of Patent

●​ If the examiner is satisfied and no opposition is pending, the patent is granted.

●​ It is published in the Patent Journal, and you receive a patent certificate.

🎉 You now have exclusive rights for 20 years from the filing date!
8. Post-Grant Maintenance

●​ You must pay annual renewal fees starting from the 3rd year to keep the patent active.
●​ If you miss payments, the patent may lapse.

💰 Think of it like renewing your vehicle registration every year.

🧠 Summary Table
Stage Form Used Time Limit / Notes

File Application Form 1, 2, Provisional or Complete

3

Early Publication (Optional) Form 9 Speeds up publication

Request for Examination Form 18 Within 48 months of filing

Respond to FER — Within 6 months (extendable by 3 months)

Pre-Grant Opposition — Before grant, by any person

Grant of Patent — After successful examination and no

opposition

Renewal Fees — From 3rd year onward

🧩 What Is Patent Revocation?

Revocation means cancelling a granted patent because it should not have been granted in the
first place. It’s like saying, “Oops! This patent doesn’t meet the rules, so we’re taking it back.”

🧠 It’s a legal process to protect the public and ensure only valid patents stay in force.
📜 Legal Basis: Section 64 of the Patents Act, 1970
This section lists who can file for revocation and on what grounds.

👥 Who Can File for Revocation?

1.​ Any “person interested”​
(e.g., a competitor, researcher, or affected party)
2.​ The Central Government
3.​ As a counterclaim in a patent infringement lawsuit

⚖️ Grounds for Revocation (Simplified)

Here are the main reasons a patent can be revoked:

Ground What It Means

Already patented The invention was already patented in India

Wrong applicant The person who got the patent wasn’t legally entitled to it

Not an invention The subject matter doesn’t qualify as an invention under

the law

Not new The invention was already known or used before the
patent was filed

Obvious The invention lacks an inventive step (it’s too obvious)

Not useful The invention doesn’t work or has no practical use

Poor disclosure The patent doesn’t clearly explain how to use the
invention

False information The applicant lied or gave misleading information

 Not patentable The invention falls under non-patentable categories (like
traditional knowledge)

Secret use The invention was secretly used in India before the filing
date

Biological source not The origin of biological material wasn’t mentioned or was
disclosed properly misrepresented

🛠️ How Is Revocation Done?

1.​ File a petition with the High Court or IP Division
2.​ Submit evidence showing why the patent is invalid
3.​ The court hears both sides
4.​ If satisfied, the court revokes the patent

🧠 Summary
●​ Revocation = cancellation of a granted patent
●​ Can be filed by interested parties or the government
●​ Based on legal flaws like lack of novelty, usefulness, or false claims
●​ Ensures that only valid patents remain in force

🧩 What Is Patent Infringement?

Patent infringement means someone is using, making, selling, or importing a patented invention
without the permission of the patent holder.

🧠 It’s like someone copying your invention and making money from it without your approval.
⚖️ Legal Basis: Section 48 of the Patents Act, 1970
This section gives the patent holder exclusive rights to:

●​ Make or use the invention

●​ Sell or offer it for sale
●​ Import it into India

Anyone doing these things without consent is committing infringement.

🔍 Types of Patent Infringement

Type What It Means
 Direct Infringement Someone uses or sells the patented invention without
permission

Literal Infringement Every element of the patent claim is copied exactly

Doctrine of The copy isn’t exact, but it does the same thing in the same
Equivalents way

Indirect Infringement Helping someone else infringe (e.g., supplying parts or

instructions)

🚫 What Is NOT Infringement?

●​ Private or experimental use
●​ Use for teaching or research
●​ Use of a patented product after it’s sold legally (exhaustion of rights)

🛡️ Remedies for Patent Infringement

If someone infringes your patent, you can go to court and ask for:

1. Injunction

●​ A court order to stop the infringer from using or selling your invention
●​ Can be temporary (during the case) or permanent

2. Damages or Compensation

●​ You can claim money for the loss you suffered

●​ Includes lost profits or royalties

3. Seizure or Destruction

●​ The court can order the seizure or destruction of infringing goods

4. Legal Costs

●​ The infringer may be asked to pay your legal expenses

⚖️ Where to File a Case?

●​ You can file a civil suit in a District Court or High Court with jurisdiction
●​ If the infringer files a counterclaim (e.g., saying your patent is invalid), the case goes to the
High Court

🧠 Summary Table
 Topic Explanation

What is Infringement? Unauthorized use of a patented

invention

Legal Basis Section 48 of the Patents Act, 1970

Types Direct, literal, equivalent, indirect

Remedies Injunction, damages, seizure, legal costs

Where to File District Court or High Court

🌿 What Is the Biological Diversity Act, 2002?

This Act was passed to:

●​ Conserve India’s biodiversity

●​ Ensure sustainable use of biological resources
●​ Promote fair and equitable sharing of benefits from using these resources

It aligns with India’s commitment to the Convention on Biological Diversity (CBD), 1992.

🧩 Key Provisions of the Act (Simplified)

1. Regulation of Access to Biological Resources (Sections 3–6)

●​ Foreigners or foreign companies must get approval from the National Biodiversity
Authority (NBA) before:
●​ Accessing Indian biological resources
●​ Using traditional knowledge
●​ Applying for patents based on Indian biodiversity

🧠 This helps prevent biopiracy and protects local communities.

2. Establishment of Authorities (Sections 8–26)

Authority Role
 National Biodiversity Authority Grants approvals, regulates access, ensures
(NBA) benefit sharing

State Biodiversity Boards (SBBs) Handle access requests from Indian citizens or
companies

Biodiversity Management Formed at local levels to document and protect

Committees (BMCs) local biodiversity

3. Benefit Sharing (Section 21)

●​ If someone uses Indian biological resources for commercial gain (like making a medicine),
they must share the benefits with:
●​ Local communities
●​ Traditional knowledge holders
●​ Biodiversity funds

💰 This ensures that those who protect biodiversity also benefit from it.
4. Protection of Traditional Knowledge (Section 36)

●​ The government must respect and protect traditional knowledge related to biodiversity.
●​ Encourages documentation through People’s Biodiversity Registers (PBRs).

5. Biodiversity Heritage Sites (Section 37)

●​ State governments can declare special areas as Biodiversity Heritage Sites to protect
rare ecosystems and species.

🌱 These are like nature sanctuaries for unique local biodiversity.

6. Provisions for Intellectual Property Rights (Section 6)

●​ No one can apply for a patent based on Indian biological resources or knowledge without
NBA approval.

📌 This prevents foreign companies from patenting Indian herbs or seeds unfairly.
7. Penalties and Enforcement (Sections 55–58)

●​ Violating the Act can lead to:

●​ Fines
●​ Imprisonment
●​ Seizure of materials

🚨 This ensures serious consequences for illegal use of biodiversity.

🧠 Summary Table
 Provision Area What It Does

Access Regulation Controls who can use Indian biological resources

Benefit Sharing Ensures profits are shared with local communities

Institutional Framework Sets up NBA, SBBs, and BMCs

Traditional Knowledge Protects and documents indigenous knowledge

Biodiversity Heritage Sites Declares and protects ecologically important areas

Patent Control Stops unauthorized patenting of Indian biodiversity

Penalties Enforces the law through fines and imprisonment

🌿 What Is Access and Benefit Sharing (ABS)?

Access and Benefit Sharing means:

●​ Access: Using India’s biological resources (like medicinal plants, seeds, microbes, etc.)
●​ Benefit Sharing: Giving a fair share of profits or benefits to the local communities or
knowledge holders who conserve and use these resources

🧠 Example: If a company uses neem leaves to make a pesticide, it must share profits with the
communities that traditionally used neem.

⚖️ Legal Framework in India

India handles ABS through two main laws:

Law What It Covers

Biological Diversity Act, Regulates access to biological resources and ensures

2002 benefit sharing
 Patents Act, 1970 Requires disclosure of source and approval from biodiversity
authorities

🔍 Key ABS Provisions in Indian Patent Law

1. Disclosure Requirement (Section 10 of Patents Act)

●​ If a patent involves biological material from India, the applicant must:

●​ Disclose the source and origin
●​ Get approval from the National Biodiversity Authority (NBA)

2. Section 6 of the Biological Diversity Act

●​ No one can apply for a patent involving Indian biological resources without prior approval
from the NBA

3. Benefit Sharing (Section 21 of BD Act)

●​ NBA decides how benefits (money, tech transfer, royalties) are shared with:
●​ Local communities
●​ Biodiversity Management Committees (BMCs)

🚨 Common Issues and Challenges

Issue Explanation

Biopiracy Companies patent Indian herbs or seeds without approval or benefit

sharing

Lack of Many inventors don’t know they need NBA approval

Awareness

Delays in Bureaucratic delays discourage innovation

Approval

Weak Difficult to track and stop unauthorized use

Enforcement

Judicial Courts have sometimes misinterpreted ABS rules, causing

Confusion uncertainty

🧠 Real-World Example
In the Divya Pharmacy case, the company used Indian herbs to make Ayurvedic medicines but
didn’t share benefits with local communities. The court ruled that even Indian companies must
comply with ABS rules.

✅ Summary Table
Topic What It Means

ABS Fair use and profit-sharing from biological resources

NBA Approval Mandatory before patenting inventions using Indian biodiversity

Patent Must mention source and origin of biological material

Disclosure

Benefit Claimers Local communities, farmers, and traditional knowledge holders

Key Challenge Balancing innovation with fairness and conservation

🌿 What Is the Biological Diversity Act, 2002?

This Act was passed by the Indian Parliament to:

●​ Protect India’s rich biodiversity

●​ Regulate access to biological resources
●​ Prevent biopiracy (unauthorized use of traditional knowledge or native species)
●​ Ensure fair benefit sharing with local communities

It aligns with India’s commitment to the Convention on Biological Diversity (CBD), 1992.

🎯 Main Objectives of the Act

1. Conservation of Biological Diversity

●​ Protects India’s plants, animals, ecosystems, and genetic resources

●​ Prevents extinction of species and destruction of habitats
●​ Encourages in-situ (in natural habitat) and ex-situ (in labs, seed banks) conservation

🧠 Why it matters: India is one of the world’s 17 “mega-diverse” countries, home to over 7% of
global species.

2. Sustainable Use of Biological Resources

●​ Promotes responsible use of biodiversity so it’s not overexploited

 ●​ Ensures that resources like medicinal plants, forests, and marine life are used in a way that
doesn’t harm future generations

🌱 Think of it like using nature’s gifts without emptying the basket.

3. Fair and Equitable Sharing of Benefits (ABS)

●​ If someone uses Indian biological resources (like herbs or microbes) for profit, they must
share the benefits with:
●​ Local communities
●​ Indigenous people
●​ Biodiversity Management Committees (BMCs)

💰 Example: If a company patents a medicine using turmeric, they must share profits with the
communities that traditionally used it.

🧠 Summary Table
Objective What It Means

Conservation Protecting species, ecosystems, and genetic diversity

Sustainable Use Using resources wisely so they last for future generations

Benefit Sharing Ensuring profits from biodiversity are shared fairly with local
(ABS) communities

🧩 What Does “Working of a Patent” Mean?

In simple terms, “working” a patent means the patented invention is being used or
commercialized in India—either by:

●​ Manufacturing the product in India, or

●​ Importing it into India and making it available to the public

🧠 It’s not enough to just own a patent—you’re expected to actually use it to benefit society.
📜 Legal Basis: Sections 83 & 146 of the Patents Act, 1970
🔹 Section 83 – General Principles
This section explains why patents are granted:

●​ To encourage inventions
●​ To ensure inventions are worked in India on a commercial scale
●​ To make patented products available at reasonable prices
●​ To prevent abuse of patent rights (like hoarding or blocking innovation)
🔹 Section 146 – Reporting Requirement
This section requires every patentee and licensee to submit a statement showing how the
patent is being worked in India.

📝 Form 27 – Statement of Working

This is the official form used to report the working of a patent.

📄 What It Includes:
1.​ Whether the invention has been worked in India
○​ If yes: Provide quantity and value of the product made or imported
○​ If no: Give reasons and steps being taken to work it
2.​ Licenses or sub-licenses granted
3.​ Whether public demand has been met at a reasonable price

📅 When to File:
●​ Every financial year
●​ Must be submitted within 6 months after the end of the year (i.e., by September 30)

⚖️ Why Is This Important?

Reason Explanation

Transparency Helps the government and public know how patents are being
used

Public Interest Ensures patented products are accessible and not just locked
away

Compulsory If a patent is not worked, others can apply to use it under public
Licensing interest

Avoiding Penalties Not filing Form 27 can lead to fines or legal action

🚨 What If a Patent Is Not Worked?

●​ The patent is not automatically cancelled
●​ But it can be challenged or compulsory licensed if:
●​ It’s not available to the public
●​ It’s too expensive
●​ It’s not being manufactured in India

🧠 Summary Table
 Topic Explanation

Working of Patent Using the invention commercially in India

(make/import/sell)

Legal Basis Sections 83 & 146 of the Patents Act, 1970

Reporting Tool Form 27

Filing Deadline By September 30 each year

Consequences of May lead to compulsory licensing or penalties

Non-Working

Would you like a sample filled Form 27 or a visual flowchart showing how the working requirement
fits into the patent lifecycle? I’d love to help you build that next!