The Patents Act,1970 Bare Act English,1st Edition 2026
The Patents Act, 1970, is India’s primary legislation for patent law, establishing a framework to grant exclusive rights for inventions while balancing public interest, fostering innovation, and promoting technology development. It defines patentability criteria (novelty, non-obviousness, industrial applicability), outlines application and examination procedures, and includes provisions like compulsory licensing and post-grant opposition, ensuring essential goods remain accessible and aligning with global standards (TRIPS).
Key Aspects:
Objective: To encourage local innovation, technology transfer, and economic growth in India, replacing older colonial laws.
Patentability: Defines what can be patented (novel, non-obvious, industrially applicable) and what cannot.
Process: Covers the entire lifecycle: application, examination (by an examiner for novelty/patentability), publication, grant, and enforcement.
Rights & Term: Grants inventors exclusive rights for a limited period (typically 20 years).
Balancing Public Interest: Includes crucial provisions like:
Compulsory Licensing: Allows government to license essential medicines/products if needed, ensuring affordability.
Section 3(d): Prevents evergreening of patents, particularly for drugs, ensuring new inventions offer significant therapeutic benefit.
Opposition/Revocation: Allows challenges to granted patents (pre-grant & post-grant) on various grounds.
Amendments: Has been amended over time to align with international treaties (like TRIPS) while retaining provisions for national interest.
Additional information
Binding
Paperback
Edition
Edition 2026
Language
English
Publisher
Whitesmann Publishing
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