The Interface Of Indian Patent Law And Infringement: A Precedent-Based Analysis
- IJLLR Journal
- 3 hours ago
- 2 min read
Neha Meena, National Law University and Judicial Academy, Assam
“Innovation distinguishes between a leader and a follower”– Steve Jobs
Intellectual property rights are cornerstones of the innovation-driven economy, ensuring inventors and creators are accorded an exclusivity, albeit limited, ownership of their inventive contribution. Among these rights, patents hold a central position, ensuring technological development and economic advancement. A patent confers upon the inventor an exclusive legal right over the invention, thereby prohibiting others from manufacturing, using, distributing, or commercializing it without authorization.
The Patent is elucidated under the provision of section 2 (m) of the Patents Act,1970. One of the best examples of patent invention would be the most famous invention of the electric bulb by Thomas Alva Edison in 1878. In accordance with the principles of the Patents Act,1970, a patent owner has a lawful right to prevent or restrict others from using by any means, whether it is selling, producing, or distributing, the patented invention, without the permission of the holder. The provision of sections 3 and 4 provides what inventions shall be considered patentable and what are not. Any unauthorized use of a patent holder’s invention or creation, without the consent of the patent holder, amounts to patent infringement. There are three essential elements for the criteria of registration of the Patent – Novelty (Section 2(l)), Inventive Step (Section 2 (ja)), and Industrial Process (Section 2 (ac)).
As per the provision of section 43 of the Patents Act, 1970(Chapter VIII – Grant of Patents conferred thereby) and Rights Conferred Thereby and rule 74 of the Patents Rules, 2003 (Chapter VIII-Grant of Patents), a patent is granted to the patent holder. The provision of section 53 of the Patents Act,1970 provides that an exclusive patent right shall be granted to the patent holder for a period of twenty years from the date of filing of the application. As per the explanation provision, the term of patent in case of an international application filed under the Patent Cooperation Treaty designating India, shall be granted from the international filing date.
