Patent Law - Best Lawyer In Delhi/NCR

Patent Law in India

Patent law in India governs the protection and regulation of intellectual property rights related to inventions. Patents are granted to inventors for their novel and non-obvious inventions, allowing them exclusive rights to make, use, and sell their inventions for a specified period. The key legislation in India pertaining to patents is the Patents Act, 1970, which was last amended in 2005. These are Key Provisions for Patent in India.

Novelty: To be eligible for a patent, an invention must be new, involving an inventive step and capable of industrial application.
Duration: Patents in India are granted for a maximum period of 20 years from the date of filing, subject to the payment of maintenance fees.
Non-patentable Subject Matter: Indian law excludes certain inventions from patent protection, such as mathematical methods, computer programs, and mere discoveries.

Judgements:

Novartis AG v. Union of India (2013): This case clarified the standards for patentability and led to debates on patent protection for incremental innovations. The Supreme Court held that an incremental improvement of an existing drug could be patentable if it passes the test of novelty and inventiveness. This case reaffirmed the importance of the non-obviousness criterion.
Bayer Corporation v. Union of India (2014): This case revolved around the compulsory licensing of Bayer’s patented cancer drug, Nexavar. The decision highlighted the government’s authority to issue compulsory licenses in the interest of public health, emphasizing the balance between patent protection and access to essential medicines.
Ericsson v. Xiaomi (2018): This case involved standard-essential patents (SEPs) related to 3G and 4G technologies. The Delhi High Court ruled in favor of Ericsson, affirming the importance of licensing SEPs on fair, reasonable, and non-discriminatory (FRAND) terms, ensuring that patent holders do not abuse their monopolistic positions.
F. Hoffmann-La Roche v. Cipla (2019): This dispute centered on the infringement of Roche’s patent for its drug Tarceva. The Delhi High Court held Cipla liable for patent infringement and issued an injunction. The case underscored the need for strong patent protection to foster innovation and investment in the pharmaceutical sector.
IPRS v. PPL (2019): This case clarified the interplay between copyright and patent laws. The Bombay High Court emphasized that the Indian Performing Right Society (IPRS) could not collect royalties on copyrighted music when the underlying patent had expired. This case underscored the importance of differentiating between patent and copyright rights.

India’s patent law has evolved over the years, reflecting a balance between promoting innovation and ensuring access to essential goods and services. Landmark judgements have clarified and reaffirmed the principles of patentability, compulsory licensing, standard-essential patents, and the interplay between different forms of intellectual property rights. These decisions continue to shape the landscape of patent law in India, ensuring that it remains relevant and effective in a rapidly changing technological and economic environment.