Product And Process Patent Dichotomy In Indian Patent Law: A Critical Doctrinal And Policy Analysis
- IJLLR Journal
- 1 hour ago
- 1 min read
Kratika Verma, LLM IPL Scholar, Christ University, Bangalore
ABSTRACT
The difference between product and process patent has been a revolution in the development of Indian patent jurisprudence. Historically India had adopted process-patent regime under the Patents Act, 1970 in order to ensure access to affordable medicines and promotion of domestic industrial growth. This framework allowed for protection only of the method of manufacture of a product, especially pharmaceuticals and chemicals, but no protection of the product itself. However, India’s accession to World Trade Organization and related compliance to TRIPS Agreement gave a fundamental turnaround to this approach. The 2005 amendment to the Patents Act provided protection of product patents in all fields of technology, including pharmaceuticals and agrochemicals.
This research paper explores critically the doctrinal underpinnings, legislative development, judicial construction as well as economic implications associated with the product-process patent dichotomy in India. It considers key judicial statements like Novartis AG v. Union of India and v. Bayer Corporation Union of India to examine the balance adopted by Indian courts between the incentives of innovation and public interest and access to medicines. The study has a doctrinal and comparative approach, analysing what has headed on in the United States and the European Union.
The paper argues that while product patents complemented India’s global compliance and innovation ecosystem, they started intensifying concerns relating to monopolistic pricing, evergreening and public health. It ends with a proposal for a calibrated harmonised model, which maintains the compliance with TRIPS while ensuring the constitutional values of social justice and access to healthcare.
Keywords: Product patent Process patent TRIPS Pharmaceutical patents Evergreening Access to medicines Compulsory licensing
