Navigating The Labyrinth: A Comprehensive Study Of Patent Structure In India

Prisha Bansal & Maahi Dave, Faculty of Law GLS University, Ahmedabad Gujarat

“A country without a patent office and good patent laws is just a crab, it can’t travel any way but sideways and backways” – Mark Twain

ABSTRACT

This study focuses on taking into consideration the factors required to boost patent filings in India. Individual industries are targeted in this study with the motive of understanding various differences that exist in terms of the patent filing, grant, cost and the cost value of such patent in each of these industries. The government cost (mentioned in “The First Schedule” of “The Patent Rules, 2003”) as well as the professional fees are two sets of classified expenditure that incur whilst filing for a patent and therefore in this study, attention is put forth on the current existing system of the cost in India as well as crucially analysing the areas in which the cost proves to be a hinderance to the general public for filing of the patent. Reducing government fees by figuring out the initial steps of filing which can be cut down on, that would not only help in cost cutting but also in time deduction, is one of the methods used in this paper to boost the patent filings in India. Patent claim drafting is considered to be one of the most expensive steps in the filing, the reason behind it is the complexities and intricacies that require to be paid attention to while claiming for protection. Even a minute alteration in the technical details in the claim can result in the violation of such the patent itself, and therefore professional fees is where most of the companies have to spend a large sum of money on. The solutions to reduce such complexities in order to have a more liberal approach to drafting is also one of the key factors that this study focuses on.

The second perspective for boosting of filing is analysing the legislation behind patents in India. The Patents Act, 1970 in the third provision has provided with a list of substances for which patents cannot be filed. Section 3 of the Act, in particular, describes specific subject topics that are regarded unpatentable, with the goal of striking a balance between encouraging innovation and prohibiting knowledge monopolisation. The research takes a broad approach, examining the legislative intent, and shifting judicial interpretations of Section 3. We hope to shed light on situations where ambiguity in the language of the law has created space for multiple interpretations and legal disputes by reviewing key cases and legal precedents.