Patents are a key part of intellectual property law, giving inventors exclusive rights to their creations for a limited time, usually 20 years. This protection encourages innovation by allowing inventors to benefit from their work without others copying it right away. However, patent laws differ from country to country, and international agreements help inventors protect their inventions globally. This article explains Indian and international patent laws in an easy-to-understand way, covering the Indian Patents Act, 1970, recent changes, and important global treaties like the Patent Cooperation Treaty (PCT) and the TRIPS Agreement, which support innovation worldwide.
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Indian Patent Laws
The patents are governed by the Patents Act, 1970 in India, which has been updated over time to meet global standards and support local needs. The most significant update came in 2005, when India began allowing product patents for things like medicines, chemicals and food, aligning with international rules. Further changes in 2024 made the patent process faster and more accessible, especially for educational institutions.
What Can Be Patented?
An invention must be new, involve an inventive step (something not obvious to experts), and be industrially applicable (usable in industry).
It can be a product (like a new device or drug) or a process (a new way of making something).
Some things cannot be patented in India, such as methods for medical treatment or diagnosis, inventions related to atomic energy and traditional knowledge or biological materials that aren’t new.
A unique rule, Section 3(d), prevents “evergreening” in pharmaceuticals. This means new versions of existing drugs can’t be patented unless they show significantly better results.
How Long Does a Patent Last?
A patent in India lasts for 20 years from the date the application is filed. For applications filed through the PCT (explained later), the 20 years start from the international filing date.
What Rights Do Patent Holders Get?
For product patents, the patent holder can stop others from making, using, selling, or importing the patented product in India without permission and for process patents, the patent holder can stop others from using the patented process or selling/importing products made using that process. These rights only apply within India.
Compulsory Licensing
In some cases, the government can allow others to use a patented invention without the permission of the patent holder. This is called compulsory licensing and happens if the invention isn’t being used or manufactured in India, it’s needed for public health (e.g., affordable medicines) or national emergencies and if the patented product is too expensive for the public.
This rule aligns with global agreements (like the Doha Declaration on TRIPS) to ensure access to essential medicines.
How to Get a Patent in India?
Applications are filed with the Indian Patent Office, which has branches in New Delhi, Mumbai, Kolkata, and Chennai. The process involves filing a provisional or complete specification (a detailed description of the invention), the application is published after 18 months, allowing others to review it, a substantive examination checks if the invention meets patent requirements and third parties can file a pre-grant opposition to challenge the patent. Once granted, the patent holder must pay annual renewal fees to keep the patent active.
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International Patent Laws
Patent protection is territorial, meaning a patent granted in one country doesn’t protect the invention in other countries. To help inventors secure patents globally, international treaties simplify the process. Below are the key treaties and systems that support global patent protection. Key international treaties and systems are:
Paris Convention for the Protection of Industrial Property (1883)
Paris Convention for the Protection of Industrial Property is managed by the World Intellectual Property Organization (WIPO), this treaty includes over 170 countries, including India.
It allows inventors to file a patent application in one country and then file in other member countries within 12 months, keeping the original filing date (called the priority date).
It ensures national treatment, meaning foreign applicants are treated the same as local applicants in member countries.
Patent Cooperation Treaty (PCT) (1970)
Patent Cooperation Treaty is also managed by WIPO, the PCT lets inventors file a single international patent application to seek protection in over 150 countries.
The process includes filing the application with a Receiving Office (like the Indian Patent Office or the U.S. Patent Office), an international search to find existing similar inventions (prior art) and an optional preliminary examination to check patentability.
After this, the application enters the national phase, where each country examines and grants the patent based on its own laws.
The PCT saves time and money by delaying the need to file separate applications in each country.
Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement (1994)
TRIPS is part of the World Trade Organization (WTO) and sets minimum standards for patent protection across member countries. Key rules include patents must be available for all types of technology (with some exceptions for public health or morality):
Patents last at least 20 years from the filing date.
Countries must treat foreign and local applicants equally (national treatment) and treat all foreign applicants the same (most-favored-nation treatment).
TRIPS allows flexibility like compulsory licensing, to ensure access to medicines, as supported by the Doha Declaration on TRIPS and Public Health (2001).
European Patent Convention (EPC) (1973)
Managed by the European Patent Office (EPO), the EPC allows inventors to file a single patent application to cover multiple European countries (e.g., Germany, France, UK). A granted European patent acts like a bundle of national patents in the chosen countries. This simplifies patent protection in Europe, though disputes are handled under each country’s laws.
Read to learn more about the Registrar of Trademarks.
Comparing Indian and International Patent Laws
The following is a simple comparison of Indian and International patent laws to highlight their similarities and differences:
Aspect | Indian Patent Law | International Patent Law |
Legislation | Patents Act, 1970 (amended 2005, 2024) | Paris Convention, PCT, TRIPS, EPC, and national laws |
Patent Term | 20 years from filing date | 20 years (TRIPS minimum standard) |
Patentable Subject Matter | New, inventive, industrially applicable; excludes medical treatments, traditional knowledge | Varies by country; TRIPS requires patents for all fields, with some exceptions |
Compulsory Licensing | Allowed for public health, non-use of invention, or high prices | Allowed under TRIPS for public health, but implementation varies by country |
Application Process | Filed with Indian Patent Office; includes pre-grant opposition | PCT for international filing; national or regional phase for examination and grant |
Recent Developments | 2024 amendments for faster examination, fee reductions for educational institutions | Ongoing efforts to harmonize laws; no major new treaties in 2024-2025 |
Summary
Indian and International patent laws are essential for protecting inventions and encouraging innovation. India’s Patents Act, 1970, with updates in 2005 and 2024, balances the needs of inventors with public interests, especially in areas like affordable medicines. International treaties like the Paris Convention, PCT, TRIPS, and EPC make it easier for inventors to protect their work globally, even though there’s no such thing as a single “international patent.” Understanding these laws helps inventors, businesses, and policymakers make the most of intellectual property in today’s connected world.
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Indian and International Patent Laws: FAQs
Q1. What are the patent laws in India?
India’s patent laws are based on the Patents Act, 1970, updated in 2005 and 2024. Inventions must be new, inventive, and industrially applicable. Exclusions include medical treatments and traditional knowledge. Patents last 20 years, and compulsory licensing is allowed for public health or non-use.
Q2. What is the international law related to patents?
International patent laws are shaped by treaties like the Paris Convention (priority filing), PCT (unified filing process), and TRIPS Agreement (minimum standards). These help inventors protect their work globally but require national filings.
Q3. Is there an international patent in India?
No, there’s no “international patent.” India accepts PCT applications, which simplify the process, but patents are granted under Indian law after entering the national phase.
Q4. What is an international patent called?
There’s no true “international patent.” A PCT application is often called an international patent application because it allows filing in multiple countries, but protection is granted by each country individually.
