Patent Act 1970

The patent is the approach of preserving intellectual property by acquiring an absolute right over an invention. The regulation of the actions regarding the patent application is codified by the Patents Act of 1970. The exclusive rights granted by the Patent registration stop any third party from using the patented product or technology without appropriate permission from the patentee.

What do you understand by the Indian Patent Act 1970?

The regulation of the actions regarding the patent application is codified by the Patents Act 1970, implemented in 1972, along with the Patents Rules replacing the Indian Patents and Designs Act 1911.

The patent is the approach of preserving intellectual property by acquiring an absolute right over an invention. The invention should provide a new technical way or process of taking action regarding a product. To acquire a patent, technical information appropriate to the creation should be transparent before the public at the time of filing a patent application.

Previously, the Patents law was mainly based on the recommendations from the Ayyangar Committee Report under the chairmanship of Justice N. Rajagopala Ayyangar. India was a party to the World Trade Organization, which made it a party to the Trade-Related Aspects of Intellectual Property Rights in effect from January 01st, 1995. Therefore, India introduced certain changes in the Patents Act of 1970 through important Amendments till today, i.e., Patents (Amendment) Act, 1999, the Patents (Amendment) Act, 2002, and the Patents (Amendment) Act, 2005, respectively.

What are the salient features of the Patent Act 1970?

The Patent Act 1970 notes the following salient features:

• Patentability: Any scientific or technological new invention or a technical up-gradation, which is novel and original, is eligible to get protected under the Patents Act 1970. Patents empower the patent holder to prevent any unauthorized creation, usage, or development with the invention. The patentability is granted on these three bases: utility, strategy, and manufactory.


• Term of Validity: The term of every patent is valid for 20 years from the date of application. However, if the application is filed under the national phase under Patent Cooperation Treaty (PCT), it will be valid for 20 years from the international filing date. The term of patent procedures or methods of manufacture of a product planned to be used or competent to be used as food or as a medicine or drug is for 7 years from the date of filing or 5 years from the date of sealing the patent, whichever is less.


• Patent Renewal: The patent holder can renew the patent registration himself or his legal representative. An application should be filed in the prescribed manner. In case the patent was owned by two or more persons together. One or more of the patent holders may exclusively submit the request for restoration with the Controller's permission within eighteen months from the date of lapsing the patent. 


• Patent Surrender: The patentee loses his exclusive patent rights by surrendering the patent. The surrender procedure can be initiated by applying to the patent office. The procedure is regulated by the provisions mentioned under Sec. 63 of the Patent Act 1970. After filing for the surrender, the Controller publishes the notification to invite any opposition from a person having contrary interest to the surrender initiated. However, Section 63 does not interfere in the loss of patent rights due to non-payment of the renewal fees.


• Patent Litigation: The exclusive rights granted by the Patent registration stop any third party from using the patented product or technology without appropriate permission from the patentee. In case there is unauthorized use of the patented products, under Sec. 104 empowers the patentee to file a suit for the infringement of the patent to any District Court having the jurisdiction to try the matter. The District Court here is the District Court as defined under Sec. 2(1)(e) of the Civil procedure Code 1908. 

What are the exceptions to patent infringement under the Patents Act 1970?

The Indian Patent Act 1970 notes the concept of a mandatory license for the private usage exception under the provisions of 

• Sec. 84: Compulsory licenses
• Sec. 85: For inactivity, the revocation of patents by the Controller
• Section 92: On notifications by Central Government, a special provision for mandatory licenses

As per Sec. 47 of the Act, the exception is allowed for the patented inventory's experiment and scientific purpose. 

The Indian Patent Act 1970 has yielded with article 30 of the TRIPS agreement to grant the exceptions that do not become partial to the patent owner. A Patent on invention vests the exclusive right on the patentee to restrict others from manufacturing, trading, using, or offering for sale in the geographical area where the patent is granted or imported an invention into the province of patent grant for a defined time, in return for the public exposure of the invention. The provision of exceptions to patent infringement under the TRIPS agreement controls the monopoly and uncompetitiveness.