Evolution Of Patent Law In India: Historical Trajectory, Amendments, And Contemporary Challenges
- IJLLR Journal
- Oct 8
- 1 min read
Ashish Chandra Dewanshu, Amity University, Noida
ABSTRACT
Patents represent one of the most significant forms of intellectual property, providing inventors with a temporary monopoly while ensuring that knowledge ultimately enters the public domain. In India, the history of patent law reflects a shift from colonial dependency on British models to the adoption of a uniquely Indian framework that prioritizes access to medicines, public welfare, and industrial growth. The Patents Act, 1970 and its subsequent amendments in 1999, 2002, and 2005—mandated by India’s obligations under the WTO’s TRIPS Agreement—have transformed the country’s patent regime. This paper traces the historical development of patent law in India, critically analyzes major amendments, examines landmark judicial decisions, and explores contemporary challenges such as traditional knowledge protection, compulsory licensing, and patenting of emerging technologies like biotechnology and artificial intelligence. The paper concludes by offering insights on the future trajectory of Indian patent law in a rapidly evolving global IP ecosystem.
Keywords: Patent Law in India; TRIPS Agreement; Compulsory Licensing; Traditional Knowledge Protection; Pharmaceutical Patents
