Patent

PATENT

A patent is a type of limited-duration protection that can be used to protect inventions (or discoveries) that are new, non-obvious, and useful, such as a new process, machine, article of manufacture, or composition of matter.

A patent offers 20 years of protection. The invention becomes public domain after a patent expires, ending its protection.

The Patent Act of 1970 Act containing the patent laws is in India. Under the department of promotion of industry and internal commerce under the ministry of Commerce and industry, the office of the comptroller general of patents, designs, and trademarks is an institution that

investigates Indian patent laws.

Product patent granted to the product’s original inventor. It suggests that the product can only be produced by the inventor himself, either by the same procedure or a different one.

Process Patent, a specific technique and notation about the final product are covered by the patent. It is not against the law for any other company to use a different process to produce the same product.

The practice of pharmaceutical companies extending a drug’s patent life by obtaining new 20-year patents for minor reformulations or other iterations of the drug— without necessarily boosting the drug’s therapeutic efficacy—is known as “evergreening” of patents.

• Why Evergreening is prohibited: Section 3 of Chapter II of the Indian Patent Act, 1970 addresses non-patentable topics.

• Sub-section (3d) which reads “the mere discovery of a new form of a known substance or mere discovery of any new property or new use for a known

substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.”

Patents (Amendment) Rules, 2021

• Patent Fees for Educational Institutions Reduced:

• Research is a major activity in educational institutions, with professors, instructors, and students developing a number of new technologies that must be patented in order to be commercialized.

• In order to obtain patents, innovators must file these applications in the names of institutions that must pay expensive costs for numerous applicants, which serves as a deterrent.

• The Patents (Amendment) Rules, 2021 have decreased the official fees that educational institutions must pay for a number of acts under the Patents Rules, 2003 in order to promote increased participation from them.

• All educational institutions now qualify for the 80% reduced charge for patent filing and prosecution.

Challenges in the Patenting Process

• Procedural Complexity:Complicated filing and paperwork processes are a part of the patent application process. It could be difficult for innovators to keep up with the lengthy documentation and procedural requirements.

• Lengthy Approval Process: In India, the process of getting a patent approved can take a long time. Innovation may be discouraged by delays in the investigation and granting of patents, particularly in industries with rapid innovation, as this can make it more difficult for them to immediately assert their rights.

• Backlog of Patent Applications: There is a backlog of patent applications in India that need to be reviewed. The timely protection of innovations may be impacted by the considerable delays in the processing of patent applications caused by this backlog.

• Limited Awareness and Education: It’s possible that many innovators—particularly lone individuals and tiny enterprises—have little understanding of the significance of intellectual property rights and the patenting procedure. Missed possibilities for protection can arise from a lack of education.

New Patent Regime in India

• Product patents were made available in India by the Indian Patents (Amen dment) Act, 2005, which also signalled the start of a new patent system designed to safeguard patent holders’ intellectual property rights.

• India fulfilled its obligation to the World Trade Organization (WTO) regarding the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) by enacting the Act.

• The Act defined “new invention” and placed limitations on the patentability of certain inventions (section 3(d)).

• In financial year 2022, there were 66.4 thousand patents filed in India.

Advantages of New Patent Regime

• Encourages a culture of research and grassroots innovation: Establishing a culture of research and developing novel goods that meet regional needs and expectations requires a strong patent system. For example, an inexpensive machine in India that makes menstrual pads.

• Greater foreign investment- Robust patent laws encourage more FDI from multinational corporations. For instance, FDI in the industrial sector was drawn to China by its patent protection system.

• Promotes exports- Robust patent laws foster the creation of specialized technology that can boost India’s exports. For example, in vaccine technology, COVAXIN and COVISHIELD.

• Social benefits- In order to address today’s social problems—such as hunger, poverty, and climate change—patents are essential. For example, patents on technology for capturing, using, and storing carbon dioxide to combat global warming.

Challenges

• One of the main obstacles to the growth of patents in India has been the fear of abuse of the compulsory licensing clause.

• The pharmaceutical industry has expressed particular alarm over the prohibitions against evergreening of patents.

• The early settlement of patent dispute cases is no longer possible due to the dissolution of the Intellectual Property Appellate Board (IPAB).

• The Indian business sector spends little on developing high-quality patents, and the commercialization of academic inventions is currently limited.

Way Forward

• Post-facto examination of patent quality: Under the auspices of the Office of Principal Scientific Adviser, India shall conduct a post-facto analysis of patent quality. The number of citations a patent receives in the future could be used to determine how valuable it is.

• Sturdy intellectual property laws: India has to concentrate on strengthening its intellectual property laws, as this will encourage more businesses and academic institutions to submit superior patent applications.

• Re-establishing the Intellectual Property Appellate Board (IPAB): In order to expedite the resolution of patent infringement cases, the IPAB must be re- established and given greater structural autonomy as well as administrative and infrastructure improvements.

• Public awareness: All groups should be made aware

of the advantages that intellectual property has for the economy, society, and culture.