GS Paper 3
Syllabus: Science and Technology: Patent Rights
Source: IPIndia
Context: The government has released Draft Patents (Amendment) Rules, 2023 rule, under the Patents Act of 1970.
What is Intellectual Property Rights (IPR)?
What are Patents?
Patents are government-issued exclusive rights that grant inventors or assignees the sole authority to utilize, make, sell, or license their invention for a limited period, typically 20 years.
- Patents are granted for new and useful inventions and are intended to encourage innovation by providing legal protection and exclusive rights to inventors.
- Granted by: Controller General of Patents, Designs and Trade Marks (CGPDTM) under the DPIIT (Ministry of Commerce & Industry)
- Patents in India are governed by “The Patent Act 1970,” which was amended in 2005 to comply with TRIPS (Trade-Related Aspects of Intellectual Property Rights).
Criteria for issuing patents in India include:
- Novelty: The invention must be new and not previously published or publicly known or used in India.
- Non-Obviousness: It should involve an inventive step, representing a technical advancement compared to existing knowledge, and not obvious to a person skilled in the relevant field.
- Industrial Use: The invention should be capable of industrial application.
What Cannot Be Patented in India:
| Items | Description |
| Frivolous Inventions | Inventions that harm public order, morality, or the health of animals, plants, and humans. |
| Methods of Agriculture or Horticulture | Generally excluded from patentability. |
| Traditional Knowledge | Inventions based solely on traditional knowledge are not eligible for patents. |
| Computer Programs | Pure computer programs are typically not patentable. |
| Inventions Related to Atomic Energy | Matters related to atomic energy are restricted from patenting. |
| Plants and Animals | Typically, plants and animals in their natural state cannot be patented. |
| Mere Discovery of Scientific Principles | Patent protection is not granted for mere discoveries of scientific principles. |
Key Provisions of the Draft Patent Amendment Rules:
| Key Provisions | Description | Impact of the changes |
| Pre-Grant Opposition (PGO) filing | Fee: There will be a variable fee for Pre-Grant Opposition (PGO) filing (previously free). | The introduction of dynamic fees for PGO filing may pose financial challenges for smaller groups or individuals interested in opposing patents.
|
| PGO is a pre-grant opposition filed after patent publication but before its grant. | PGO allows for opposition before patent grants, helping prevent unjust patent protection extensions and promoting access to affordable generic drugs. | |
| PGO filing, previously open to anyone, will now be determined by CGPDTM. | Determining PGO filing by CGPDTM may bring more structure to the opposition process. | |
| Notice Time Period | The time period for applicants to reply to notice on PGO has been reduced to 2 months. | Reducing the time period for applicants to reply to PGO notices to 2 months may affect the ability to prepare and submit responses effectively |
| Timeline for Filing Requests for Examination | The timeline for filing Requests for Examination is reduced from 48 to 31 months. | Reducing the timeline for filing Requests for Examination to 31 months may expedite patent examination but put pressure on applicants to prepare quickly. |
| Working Statements | Working statements are to be submitted once every 3 years by patent holders. | Requiring working statements once every 3 years may reduce the frequency of reporting on patent usage. |
| Disclosure of Manufacturing Location and Price | Disclosure of the patented product’s manufacturing location and price is no longer required. | Eliminating the need to disclose manufacturing location and price may impact transparency in the pharmaceutical industry. |
About The Patents Act, 1970
It was established in 1972, and replaced the Indian Patents and Designs Act, 1911. In 2005, the Patents (Amendment) Act expanded product patenting to all technology fields, including food, drugs, chemicals, and microorganisms. It repealed Exclusive Marketing Rights (EMRs) provisions, introduced compulsory licensing, and included pre-grant and post-grant opposition provisions
Insta Link:
Mains Links:
How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies? (UPSC 2019)
In a globalised world, intellectual property rights assume significance and are a source of litigation. Broadly distinguish between the terms – copyrights, patents and trade secrets. (UPSC 2014)
Prelims Links:
Consider the following statements:
- Evergreening is the grant of permission by the government to entities to use, manufacture, import or sell a patented invention without the patent owner’s consent.
- Compulsory licensing is a strategy for extending/elongating the term of a granted patent in a jurisdiction that is about to expire, in order to retain royalties from them, by taking out new patents.
Which of the statements given above is/are not correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Ans: (c)
