What is India Patent Act?

Subject: Polity

Context:

There is a growing clamour in India for boycotting trade with China amidst recent political tensions between the two countries. It became major cause of concern for India’s pharmaceutical industry as it depends on china for APIs.

Concept:

• India is the third largest producer of finished drugs in the world, it relies significantly on China for supplies of active pharmaceutical ingredients (APIs), the key components in making medicines.
• An estimated 70 per cent of API requirements of India’s pharmaceutical industry are sourced from China.
• The 1970 Indian Patent Act is widely lauded for facilitating the growth of India’s pharmaceutical industry.

Indian patent act 1970

• The Patents Act, 1970 is the legislation that till date governs patents in India. It first came into force in 1972.
• The Patents Act has been repeatedly amended: 1999, 2002, 2005, 2006. These amendments were required to make the Patents Act TRIPS-compliant
• The major amendment was in 2005, when product patent was extended to all fields of technology like food, drugs, chemicals and micro organism
• The Indian Patent Act, 1970 strikes a balance between the rights of the applicant and his obligation to the society granting the rights.
• Some salient features of the Act include, product and process patent, term of patent as 20 years,patent examination conducted on request, fast track mechanism for quick disposal of appeals, pre-grant and post-grant opposition allowed, protection of biodiversity and traditional knowledge, and, publication of applications after 18 months of date of filing of patent application.
• One of the most important aspects of Indian Patents Act, 1970, is compulsory licensing of the patent subject to the fulfillment of certain conditions.
• Section 3(d) stipulates that the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant, is not patentable