INDIA Law and Practice Contributed by: Mohit Goel, Sidhant Goel, Aditya Goel and Mehr Bajaj, Sim and San, Attorneys at Law
investments and strategic collaborations across sectors including technology, e-commerce, FMCG, hospitality and emerging consumer brands. Mehr is a member of the INTA, AIPPI and MARQUES.
Sim And San, Attorneys-at-Law A-12 Gulmohar Park New Delhi 110049, India Tel: +91 114 007 3771 Email: sidhant@simandsan.com, mohit@simandsan.com Web: www.simandsan.com
1. Patents 1.1 Legal Framework and Patentable Subject Matter Patent protection in India is governed by the Patents Act, 1970 and the Patents Rules, 2003, with the Pat- ents (Amendment) Rules, 2024 introducing significant procedural reforms. India is TRIPS-compliant but retains public health flexibilities. Judicial precedents from the Supreme Court and dedicated Intellectual Property Divisions across various High Courts con- stitute an important secondary source. Patentable Subject Matter Under Section 2 (1)(j) of the Patents Act, 1970, an invention must be new, involve an inventive step, and be capable of industrial application. Novelty is assessed worldwide from the priority date. Key Exclusions Section 3 (d) bars the patentability of the mere dis- covery of a new form of a known substance unless it demonstrates enhanced therapeutic efficacy – the basis for the Supreme Court ruling in Novartis AG v Union of India (2013). Section 3 (k) excludes math- ematical methods, business methods and computer programmes per se. Section 3 (j) excludes plants and
animals but permits micro-organisms. Section 3 (p) excludes traditional knowledge, to prevent biopiracy. Software and AI Inventions The exclusion under Section 3 (k) does not bar com- puter-implemented inventions. In Ferid Allani v Union of India and subsequent decisions, the Delhi High Court has held that inventions demonstrating a tech- nical effect beyond the abstract algorithm may qualify for protection. The assessment is highly fact-specific. Utility Models India has no utility model or petty patent system. All patents are examined against the full inventive step threshold. 1.2 Patent Granting Procedure Competent Authority Patent applications in India are examined and granted by the Indian Patent Office (IPO) under the Controller General of Patents, Designs and Trade Marks (CGP- DTM), functioning under the Department for Promo- tion of Industry and Internal Trade (DPIIT). Filing and Examination Patent protection may be sought through an ordinary application, convention application, PCT international application or PCT national phase application. Appli-
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