Intellectual PropertyAct No. 39 of 1970In Force

The Patents Act, 1970

Governs the grant of patents in India for inventions that are novel, involve an inventive step, and are capable of industrial application. India does not permit patents for methods of medical treatment or mere discoveries of new properties of known substances (S.3(d)) — a key provision protecting access to medicines. The 2005 amendment brought India into TRIPS compliance for pharmaceutical patents.

Sections

163

Schedules

Ministry

Ministry of Commerce and Industry (DPIIT)

Last Amended

2005-04-04

Key Provisions

→Patentability criteria: novelty, inventive step, industrial applicability

→Non-patentable inventions (S.3): natural phenomena, methods of treatment, software per se

→Section 3(d): bar on "ever-greening" of pharmaceutical patents

→Patent term: 20 years from filing date

→Compulsory licensing: Government can grant license in public interest (S.84, S.92)

→Pre-grant and post-grant opposition proceedings

→Patent of addition; working requirements and statement

→Controller General of Patents, Designs and Trade Marks

Related Practice Areas

intellectual-property corporate-advisory regulatory-compliance

patentinventionsection 3(d)compulsory licensepatent termIPTRIPS

Section-by-Section Reference

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Indian government legislation is in the public domain under S.52(1)(q) of the Copyright Act, 1957. This reference is for educational purposes. Laws are amended frequently — verify the current text on the e-Gazette of India before relying on it for legal proceedings.