In the news-

• The Patent (Amendment) Rules, 2024 were recently published in the Gazette of India, making crucial changes in the Indian patent regime.

Key Amendments Introduced:

• Revised Timeline for Request for Examination: The period for submitting a Request for Examination (RFE) in a patent application has been shortened from 48 months to 31 months from the earliest priority date.
• Streamlined Applications: Patent applicants now need to furnish details of corresponding applications solely twice using Form 3.
• Introduction of ‘Certificate of Inventorship’: This new provision acknowledges the contributions of inventors to patented innovations.
• Reduction in Advance Renewal Fees: A discount of 10% on renewal fees is offered if paid electronically in advance for a minimum of four years.
• Decreased Frequency of Patent Working Statements: The requirement to file statements of working patents has been reduced from annually to once every three financial years.
• Enhanced Authority of Controller: The Controller is now empowered to extend specified periods and excuse delays for up to six months.
• Amendments to Opposition Procedures: Adjustments have been made to the time frames for submitting recommendations by an Opposition Board and the response period for applicants in both pre-grant and post-grant opposition procedures.

What are Patents?

• A patent is a legal right granted by a government to an inventor or assignee, giving them exclusive rights to an invention for a limited period.
• It provides the inventor with the right to exclude others from making, using, selling, or importing the patented invention without their permission.
• In essence, a patent acts as a form of intellectual property protection for inventions, allowing inventors to control and commercialize their creations.
• Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted.

Indian Patent Regime: A Backgrounder

• Indian patents are governed by the Indian Patent Act of 1970.
• India has gradually aligned itself with international regimes pertaining to intellectual property rights.
• In 1995, India became a party to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement following its membership to the World Trade Organisation on January 1, 1995.
• An interesting point is that the original Indian Patents Act did NOT grant patent protection to pharmaceutical products to ensure that medicines were available at a low price.
• Patent protection of pharmaceuticals were re-introduced after the 2005 amendment to comply with TRIPS.

Filing a Patent: Key Terms

• Patentable Subject Matter: Under the Indian Patents Act, inventions related to products, processes, methods, and applications in all fields of technology are patentable, provided they are novel, involve an inventive step, and are capable of industrial application.
• Patent Office: The Indian Patent Office, under the Department for Promotion of Industry and Internal Trade (DPIIT), administers the patent system in India. It operates through four branches located in Kolkata, Mumbai, Delhi, and Chennai, with the Controller General of Patents, Designs & Trade Marks overseeing patent-related matters.
• 20-Year Validity: Patent protection is granted for a limited period, generally 20 years from the filing date of the application.

Various Agreements

India is also a signatory to several IPR-related conventions, including-

1. Berne Convention (1886) The Berne Convention for the Protection of Literary and Artistic Works, established in 1886, is an international treaty governing copyright.
2. Budapest Treaty (1977): It aims to facilitate the international recognition of patents relating to microorganisms by providing a centralized deposit system for the storage and distribution of biological materials.
3. Paris Convention for the Protection of Industrial Property (1883): It aims to harmonize and standardize the protection of industrial property, including patents, trademarks, industrial designs, and trade secrets, among its member countries.
4. Patent Cooperation Treaty (1970): It is an international treaty administered by the World Intellectual Property Organization (WIPO) to simplify the process of filing patent applications in multiple countries by providing a unified procedure for filing an international patent application.

Back2Basics:

PYQ:

2013: Bringing out the circumstances in 2005 which forced an amendment to section 3(d) in Indian Patent Law, 1970, discuss how it has been utilized by the Supreme Court in its judgement in rejecting Novartis’ patent application for ‘Glivec’. Discuss briefly the pros and cons of the decision. (200 words)

2014: In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets.

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