Indian Patent Act 1970 and Patents Rules 1972, which replaced India's Patents and Designs Act 1911

1. Indian Patent Act
Patents Act 1970 and Patents Rules 1972, which replaced India's Patents and Designs
Act 1911, came into effect on 20th April 1972. Ayyangar Committee Report, led by
Justice N. Rajagopala Ayyangar, was the main influence on the Patents Act. The
committee recommended allowing only process patents for inventions related to drugs,
medicines, food, and chemicals.
Later, India became a signatory to many international agreements to strengthen its
patent law and become a part of the modern world. An important step in achieving this
goal was becoming a member of the Trade Related Intellectual Property Rights (TRIPS)
system.
On 7th December 1998, India also signed the Paris Convention as well as the Patent
Cooperation Treaty, and on 17th December 2001, it also signed the Budapest Treaty.
What Is a Patent?
An investor receives a patent when a sovereign authority grants him a property right. In
exchange for a comprehensive disclosure of the invention, the inventor receives

2. exclusive rights to a patented process, design, or invention. It is a form of intangible
property.
RECOMMENDED TAKEAWAYS
● An inventor is granted a patent when a sovereign authority grants them a
property right.
● By obtaining a patent, an inventor receives exclusive rights to his or her
invention, design, or process for a certain period of time.
● The United States Patent and Trademark Office issued its ten millionth patent
this month.
● Utility patents account for 90% of all issued patents in the United States.
● Patents for utility and plant inventions last for 20 years; patents for design
inventions last for 14 or 15 years, depending on when they are filed.
Types of patents
Patents in the United States fall into three categories: utility patents, design patents, and
plant patents. Specifications and durations vary for each type.
● Utility Patents
Patents for invention, or utility patents, provide legal protection to people who invent a
new and useful process, an article of manufacture, a machine, or a composition of
matter. More than 90% of patents issued by the U.S. government are utility patents2.
Utility patents last for twenty years, providing maintenance fees are paid. Utility patent
applications filed after December 12, 1980, are subject to maintenance fees.
● Design Patents
A design patent is a patent issued for original, new, and ornamental designs for
manufactured goods. This type of patent protects the appearance of the product. To
qualify, the invention to which the design belongs must be original and useful. After May
13, 2015, design patents are valid for 15 years. A patent lasts for 14 years from the date
of filing for applications filed before May 13, 2015. Maintenance fees do not apply to
design patents.
● Plant Patents

3. A plant patent can be obtained by anyone who produces, discovers, or invents a new
kind of plant that reproduces. There is no maintenance fee associated with these
patents, which are granted for 20 years from the date of filing.
As a result of patents, companies and individuals are encouraged to develop innovative
products and services without fear of infringement. Pharmaceutical companies, for
example, can spend billions of dollars on research and development. Companies that
didn't research or invest the needed capital in R&D could replicate and sell their drugs
and medicines without patents.
In other words, patents protect companies' intellectual property to increase their
profitability. As a result, patents also serve as a means of demonstrating an
organization's innovative nature.
How to Apply for a Patent
An applicant should check the Patent and Trademark Office's database before
submitting a formal patent application to see if a similar invention has already been
patented. To qualify for a patent, the invention must be different from or better than an
existing design. A patent applicant must keep accurate records of the design process
and the steps taken to create the invention. Those who applied for the patent are
responsible for enforcing it.
In order to apply for a patent in the United States, the applicant must submit specific
documents and pay associated fees. Illustrations, descriptions, and claims are included
in the written documentation for the item to be patented. The inventor must sign and
submit an oath or declaration confirming the authenticity of their invention or
improvement of an existing invention. If the application is approved, the fees are paid.