Patents
Science & Technology › Intellectual Property Rights (IPR) · Topic 18.3
A patent is an exclusive right granted by the state for an invention, which can be a product or a process that is new, involves an inventive step and is capable of industrial application. In return for disclosing the invention to the public, the inventor gets the right to stop others from making, using, selling or importing it for 20 years from the date of filing. In India patents are governed by the Patents Act, 1970, which came into force in 1972 and was amended in 1999, 2002 and 2005, the last restoring product patents in all fields to comply with the TRIPS Agreement from 1 January 2005. The Indian Patent Office is headquartered in Kolkata. Section 3(d) blocks patents on new forms of known substances unless efficacy improves, and the Supreme Court upheld it in the Novartis case of 2013.
5 min read · UPSC Prelims · Science & Technology · Intellectual Property Rights (IPR)
At a Glance
- Law Patents Act, 1970
- Term 20 years from filing
- Criteria Novelty, inventive step, utility
- Key section 3(d) against evergreening
- Office HQ Kolkata
- Exam link UPSC Prelims, Science & Technology: Intellectual Property Rights (IPR)
Where Does It Fit?
This topic follows the account of trademarks. Patents protect inventions and are the most debated form of IPR because of their links with medicines and public health. Previous topic: Trademarks. Next topic: Industrial Designs.
What Are the Requirements and Features of a Patent?
| Aspect | Details |
|---|---|
| Criteria | Novelty (not known before), inventive step (not obvious) and industrial applicability |
| Term | 20 years from the date of filing, after the 2002 amendment |
| Not patentable | Section 3 lists items such as discoveries, mere new forms of known substances without better efficacy (3(d)), methods of agriculture, medical treatment of humans, computer programmes per se (3(k)), traditional knowledge and inventions against public order |
| Product and process | After 2005, product patents are given in all fields including drugs and food, as required by TRIPS |
| Patent Office | Headquarters at Kolkata, with offices at Mumbai, Delhi and Chennai, under the Controller General of Patents, Designs and Trade Marks |
| Procedure | Filing, publication after 18 months, request for examination, examination, grant or refusal, with pre-grant and post-grant opposition |
| Rules | Patents Rules, 2003, amended in 2024 to ease filing |
What Are Section 3(d), Compulsory Licensing and the Treaties?
- Section 3(d): added in 2005 to prevent evergreening, the practice of getting fresh patents on small changes to extend monopoly
- Novartis v Union of India, 2013: the Supreme Court refused a patent on the beta crystalline form of imatinib mesylate, the cancer drug Glivec, holding that it did not show enhanced therapeutic efficacy
- Compulsory licence: under Section 84, the Controller can license a patent to another party if the invention is not available at a reasonably affordable price, not sufficiently available, or not worked in India
- Natco v Bayer, 2012: India’s first compulsory licence, for the cancer drug sorafenib tosylate (Nexavar), given in March 2012 and upheld in 2014
- Doha Declaration, 2001: affirmed that TRIPS should not prevent members from protecting public health
- TRIPS: the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, in force from 1995
- Patent Cooperation Treaty: India joined in 1998 for international filings
- Budapest Treaty: India joined in 2001 for deposit of microorganisms
What Else Should You Remember?
- Bolar provision: Section 107A allows use of a patented invention to get regulatory approval for generics before expiry
- Pre-grant opposition: anyone can oppose a patent before grant
- Patent of addition: an improvement of an invention
- Secrecy of defence inventions: inventions relevant to defence may be kept secret
- Evergreening: extending patent life by small tweaks
- Generics: India is called the pharmacy of the developing world for low-cost generic medicines
- Traditional knowledge: not patentable, with databases like TKDL to prevent wrong patents
- Biological material: Indian law requires disclosure of the source of biological material and approval of the Biological Diversity Act, 2002 Key power Approval for foreign access Lower tiers SBBs…">National Biodiversity Authority
- Software: Section 3(k) bars programmes per se, but technical effect can be patented
- Patent filings: Indian filings have risen strongly, with Indian residents now filing more than half
- Expedited examination: faster processing for start-ups and some others
- Startup rebates: 80 percent fee reduction for start-ups
- Standard essential patents: patents needed to follow a technical standard, an area of litigation
- Patent pools: groups of patents licensed together
- Pharma disputes: high prices and access to medicines remain debated
- Link: compare with Copyrights
- Link to CSIR: a major patent filer is in Council of Scientific and Industrial Research (CSIR)
- Patent term from filing: the term runs from filing and not from grant, so slow examination reduces useful life
- Working of patents: patentees must file a yearly statement on working of the invention in India
- Government use: the Government can use patents for public purposes, under Section 100
- Parallel imports: India allows parallel imports under the principle of international exhaustion of rights
- Patent Office modernisation: examination time has been reduced in recent years, and the number of examiners increased
- Innovation index: India ranks around 40th in the Global Innovation Index, better than a decade ago, according to WIPO reports
Why Does It Matter for the Exam?
- Criteria and term: three tests, 20 years
- Section 3(d): Novartis case
- Compulsory licence: Nexavar 2012
- Current affairs link: Patent Rules 2024 and drug patent cases
- Common errors: saying term is 14 years or that India bans product patents
As an analytical point, India balances the incentive to invent with access to medicines through safeguards such as Section 3(d) and compulsory licensing. These tools are tested in trade talks and court cases.
Why Is This Topic Important?
- Tests Three
- Safeguards 3(d), CL
- Treaties TRIPS, PCT
What Came Next?
The next topic covers industrial designs. Next topic: Industrial Designs.
Key People and Terms
- Patent Exclusive right for an invention
- Evergreening Extending monopoly by minor changes
- Compulsory licence Forced licence
- TRIPS WTO IPR agreement
- PCT Patent Cooperation Treaty
- Inventive step Non-obvious advance
Exam Corner
Points to Remember
- Patents Act: 1970; product patents from 2005.
- Term: 20 years.
- Novartis judgment: 2013.
- First compulsory licence: March 2012, Nexavar.
- PCT: India joined 1998.
Do Not Confuse With
- Section 3(d) and 3(k) New forms of drugs versus software
- Patent and copyright Invention versus expression
- Compulsory licence and voluntary licence Granted by authority versus agreed by owner
Memory Hook
Seventy Act, twenty years; 3(d) stops evergreening, Section 84 forces a licence.
Mains Angle
Questions ask for criteria, sections and cases. These points help.
- Balance Incentive and access
- Tools 3(d), CL
- Trade TRIPS
A Question You May Face
An original practice question, not a past paper question.
“Discuss how the Indian patent regime balances incentives for innovation with access to affordable medicines.”
How to Answer
- Law 1970 Act.
- Safeguards 3(d), CL.
- Cases Novartis, Natco.
- Pressure Trade talks.
GS Relevance
Frequently Asked Questions
What is a patent?
A patent is an exclusive right granted by the state for a new, inventive and industrially useful product or process. The owner can stop others from making, using or selling the invention for 20 years from the filing date, in exchange for disclosing the invention fully to the public.
What is Section 3(d) of the Patents Act?
Section 3(d) says that the mere discovery of a new form of a known substance is not an invention unless it shows significantly enhanced efficacy. It was added in 2005 to prevent evergreening of pharmaceutical patents, and the Supreme Court upheld it in the Novartis case in 2013.
What was the Novartis case?
In Novartis AG v Union of India, decided in April 2013, the Supreme Court rejected a patent for the beta crystalline form of the cancer drug imatinib mesylate, sold as Glivec, because it did not show better therapeutic efficacy than the known form, as Section 3(d) requires.
What is a compulsory licence?
A compulsory licence allows a government authority to permit another party to make a patented product without the owner's consent, on payment of royalty, when public needs are not met. India granted its first compulsory licence in March 2012 to Natco Pharma for Bayer's cancer drug Nexavar.
Can software be patented in India?
Section 3(k) says a computer programme per se is not patentable. However, an invention that has a technical effect or technical contribution and uses software may be patented, as Indian guidelines have said. Software as such is protected by copyright.
PYQ Practice — Statement Analysis
1 The term of a patent in India is 20 years from filing.
After 2002.
2 Section 3(d) deals with software patents.
It deals with new forms of known substances.
3 India's first compulsory licence was for Nexavar.
In 2012.
4 India joined the Patent Cooperation Treaty in 1998.
For international filing.
Past Mains Questions on This Topic
This topic comes under Intellectual Property Rights (IPR). UPSC Mains questions asked on the matching syllabus topic, year-wise with marks:
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