Patents Renewal and others

Here’s an overview of various aspects related to the exploitation, renewal, revocation, and special types of patents under the Indian Patents Act, 1970:

Exploitation of Patents:

• Rights of Patentee: The patent holder has exclusive rights to make, use, sell, offer for sale, or import the patented product or process. This includes the right to license or assign the patent to others.

• Licensing:

  • Voluntary Licensing: The patentee can grant rights to others to use the patent under terms agreed upon, often for royalties or other considerations.

  • Compulsory Licensing: Under specific conditions like non-working of the patent, public health needs, or if the reasonable requirements of the public are not satisfied, the government can mandate licensing (Section 84).

• Assignment: The patent can be sold or transferred to another party, which then becomes the new patent owner.

• Enforcement: The patentee can enforce their rights by taking legal action against infringement, seeking remedies like injunctions or damages.

Renewal of Patents:

• Term: A patent in India is valid for 20 years from the date of filing of the patent application.

• Renewal Fees:

  • To keep the patent in force, renewal fees must be paid annually starting from the third year after the date of patent grant.

  • If not paid within the prescribed time, there’s a grace period of 6 months with additional fees. If fees are not paid even after this grace period, the patent lapses.

Revocation of Patents:

• Grounds for Revocation: Patents can be revoked on several grounds, including:

  • If the invention was previously published or used in India before the priority date.

  • If the invention is not an invention under the Act or not patentable.

  • If the patent was obtained fraudulently or with misrepresentation.

  • If the patentee has contravened any condition for obtaining the patent.

  • If the patent is not worked in India on a commercial scale without satisfactory reason.

• Procedure:

  • Post-Grant Opposition: Within one year from the date of publication after grant, any person can file for revocation.

  • Revocation by Court: On petition or counterclaim in a suit for infringement.

Dependant Patents:

• Concept: A patent that can only be worked or exploited by using another (earlier) patent. The Act doesn’t specifically use this term, but the principle is relevant in compulsory licensing where a later patent might depend on an earlier one.

• Compulsory Licensing: If a later patent cannot be worked without infringing an earlier one, a compulsory license might be sought for the earlier patent to enable the use of the later one.

Secret Patents:

• Under Indian Law: There isn’t a direct equivalent to “secret patents” as in some other jurisdictions. However:

  • Confidentiality: Certain inventions can be kept confidential for national security reasons under Section 35. The Controller can refuse to publish or grant a patent if it relates to defense or atomic energy.

Patents of Addition:

• Definition: When an improvement or modification to an invention already patented is made, the applicant can file for a patent of addition instead of a separate patent.

• Purpose: To protect minor modifications or improvements without extending the original patent’s term, thus sharing the same expiration date as the main patent.

• Procedure:

  • It must be filed before the expiry of the main patent.

  • The applicant must state that it is an addition to the main patent.

  • No separate fees are required for renewal.

• Advantages: Reduces costs and complexity, ensuring that the new invention is linked to the original, possibly encouraging further innovation on existing patents.

These mechanisms ensure that patents serve their purpose of promoting innovation while also guarding against monopolistic practices or misuse of patent rights, aligning with broader public interests.