The Patents Act, 1970 (as amended up to 2024)

The Patents Act, 1970 (Act No. 39 of 1970) is the law that governs patents in India. It sets out what can be patented, who may apply, how applications are published, examined, opposed and granted, the rights a patent gives, compulsory licences, infringement, and the powers of the Controller General of Patents, Designs and Trade Marks. Most of it came into force on 20 April 1972.

Section 3 lists what is not an invention under the Act, even if it is new. It includes frivolous inventions, inventions contrary to public order or morality, mere discoveries of scientific principles or things occurring in nature, new forms or new uses of known substances under clause (d), mathematical or business methods, computer programmes per se and algorithms under clause (k), methods of agriculture, medical treatment processes, plants and animals, artistic works, presentation of information, topography of integrated circuits and traditional knowledge.

Section 3(d) excludes the mere discovery of a new form of a known substance that does not enhance its known efficacy, the mere discovery of a new property or new use of a known substance, and the mere use of a known process, machine or apparatus unless the process results in a new product or uses at least one new reactant. Its Explanation treats salts, esters, ethers, polymorphs, metabolites, pure forms, particle sizes, isomers, mixtures of isomers, complexes, combinations and other derivatives of a known substance as the same substance unless they differ significantly in properties with regard to efficacy.

Under section 53, the term of a patent is twenty years from the date of filing of the application. For an international application under the Patent Cooperation Treaty designating India, the twenty years run from the international filing date. A patent ceases earlier if a renewal fee is not paid within the prescribed or extended period.

The consolidated text published by IP India is amended up to 1 August 2024, when the changes made by the Jan Vishwas (Amendment of Provisions) Act, 2023 came into force. They replaced several fines with penalties imposed by an adjudicating officer (sections 124A and 124B) and omitted section 121. Earlier major amendments were made by the Patents (Amendment) Acts of 2002 and 2005, and the Tribunals Reforms Act, 2021 transferred the Appellate Board's patent jurisdiction to the High Courts.