This article has been written by Mr. Soumyajit Patra a 1st year student of Symbiosis Law School, Noida.

Abstract
Take a tour through the history of patents in India, where the pursuit of intellectual property rights originated in prehistoric societies and evolved into the current legal system. Examine the many strands of patents—plant, utility, and design—each of which protects a unique creative spark.

Learn the fundamentals: originality, utility, and distinctiveness—factors that convert concepts into proprietary rights. Face the difficulties: arguments over software and genetic inventions, patent trolls, and intricate patent mazes.

Looking ahead: the development of biotech, the growth of AI, and the mysteries of the quantum realm will all change patent laws. Observe the attempt to achieve equilibrium by promoting creativity and guaranteeing equitable opportunities for progress.

History of Patents in India: 

The origins of legal provisions for protecting inventors’ rights can be found in the ancient civilizations that gave rise to the history of patents. But the earliest known examples of patents in a more recognized form come from medieval Europe; one of the first formal patent laws is thought to have been the Venetian Patent Statute of 1474. For a restricted time, these regulations gave innovators the exclusive rights to their novel and creative products.

Act VI of 1856 marked the beginning of patent law in India, with the goal of protecting and promoting creativity among inventors. Acts XV of 1859, XIII of 1872, and later consolidations and adjustments in the early 20th century were among the many revisions and amendments to this legislation. The Indian Patents & Designs Act of 1911, which established the Controller of Patents and included reciprocal agreements with other nations for priority protection, was a major milestone that marked the culmination of these efforts.

Amendments in 1950, 1952, and 1970’s thorough revamp with the Patents Act carried on the evolution. Later modifications in 1999, 2002, and 2005 broadened the purview and permitted product patents in the fields of agrochemicals and medicines, bringing India’s patent rules into compliance with international norms.

These achievements are a reflection of the continuous effort to strike a balance between the rights of innovators, the general public, and economic growth while promoting originality and creativity via a changing patent law system.

Why are patents important and what is their purpose?

By giving inventors the only right to their inventions, patents play a vital role in promoting innovation and maintaining a just balance between advancement and protection. For a predetermined amount of time, usually 20 years, these rights essentially serve as a shield, enabling innovators to stop others from creating, duplicating, or selling their innovations.

Put another way, say you develop a novel feature for your phone. With the use of a patent, you can prevent others from replicating that feature by being the only one selling it. Businesses are encouraged to invest in new ideas because of this exclusivity because they can capitalize on their inventions without having to worry about competition right away.

Everyone gains from this system since it stimulates the development of new products like medical treatments and technological devices by businesses. These concepts become freely usable when a patent expires, encouraging further invention and the creation of new goods. Hence, patents serve as a kind of compensation for inventors, motivating them to share their creations while safeguarding them, ultimately advancing society by bringing about the development of new and improved items.

What are the different types of patents?

Patents come in three primary types: utility, design, and plant patents, each serving distinct purposes in protecting various kinds of inventions. But there are other types of patents which we will see further.

1. Utility patents: These patents protect the practical features of inventions, such as a novel machine, a new procedure or method, or the operation of a product. For example, a utility patent application would be made if someone invented a novel way to produce solar energy or an electric car. It focuses on an invention’s utility or real-world application.
2. Design patents: In contrast to utility patents, design patents safeguard a product’s aesthetics or visual appeal. They protect an object’s distinctive form, embellishment, or general appearance. For example, a design patent protects the unique shape of the Pepsi bottle. It is more important to consider a product’s appearance than its functionality.
3. Plant Patents: These patents are specifically for new plant varieties or hybrids that are invented or discovered. In a country like India, where traditional medicine and biodiversity thrive, plant patents play a crucial role. They safeguard novel plants, be it a new type of flower or a more disease-resistant variety of crop.

In addition to this, Indian patent laws give rise to a variety of patent applications:

• Provisional Patents: These grant a year to finalise specifics for inventions that are still in development.
• Regular/Non-provisional Patents: Complete specifications must be submitted at the time of filing, with no chance for revisions later.
• Conventional Applications: Permitting priority claims according to submissions made in foreign nations.
• PCT International Applications: Convenient filings in several nations at once.
• PCT National Phase Applications: Using an international application to get protection in a particular nation.
• Applications for Patent Addition: For enhancements to patents that have already been filed.
• Divisional Applications: These are used to keep different inventions apart from a parent application.

Every kind of patent has a specific function, protecting different facets of innovation—such as usefulness, beauty, or even plant varieties—and promoting the progress and preservation of a wide range of inventive and creative endeavours.

Now, let’s see what can we Patent and what we cannot patent?

The capacity to patent something depends on a set of rules that define what is and is not patentable. Three essential characteristics must be met by eligible inventions: non-obviousness, usefulness, and novelty.

An invention’s originality is referred to as its novelty. A patent requires a completely original creation that has never been revealed or known before. Anything that has already been made public or known is ineligible.

The term “utility” indicates that an invention needs to have a useful purpose. Put another way, it ought to be practical and fulfil a real need. Generally, ideas that are theoretical or abstract and have no real-world applicability don’t qualify.

Being non-obvious is important since it guarantees that the invention isn’t just a little or obvious addition to what already exists. It must exhibit a degree of inventiveness that would be difficult for a professional in the field to notice.

How to File a patent:

Now that we know about what we can patent let’s have a look at the following:

1. Idea Generation: The process starts with the idea of a new invention or innovation that satisfies the three requirements for patents: non-obviousness, usefulness, and originality.
2. Application Filing: Form 1, an application for a patent, is the first document in the procedure. Form 2, which offers a thorough specification of the invention, completes this. A preliminary or final specification is filed, depending on the invention’s status. A 12-month period is provided by provisional applications to complete the invention.
3. Document Submissions: Additional forms, such as inventor statements (Form 5), commitments relating international applications (Form 3), or exclusive forms for start-ups and small organisations (Form 28), may be required depending on the circumstances.
4. Publication: About 18 months after filing, the patent application is published in the official patent journal. Form 9 can be used to request early publication.
5. Examination Phase: Initiated by Form 18, the examination process starts. Timely examination requests expedite the scrutiny by an examiner. The application is thoroughly reviewed for compliance with patent laws. The examiner conducts a comprehensive technological search and communicates objections through the First Examination Report (FER).
6. Granting of Patent: Upon resolution of all objections, the patent is granted. This marks the culmination of the process, wherein the applicant secures exclusive rights to the invention for a specified duration.

During these phases, following certain guidelines for fees, reimbursements, and formalities guarantees a seamless and legal process of obtaining a patent. Comprehending and adhering to these phases and guidelines is essential for effectively managing the patent application process.

Patent Rights and Duration of patents: 

Patent rights provide innovators with exclusive advantages and guarantee the protection of innovation. These rights, which usually last 20 years from the date of filing, cover a number of important areas:

1. Exclusive Rights: The owner of a patent has complete ownership over their creation. This refers to keeping others from producing, utilising, importing, or selling a patented product without authorization. It stops unapproved use of both the technique and the finished product made by a patented process.
2. Assignment and Licencing: Owners of patents may assign their rights to third parties or grant licences to them. This promotes cooperation and business prospects by enabling them to receive royalties or sell their invention rights.
3. Right to Exploit: Patent holders in India are entitled to produce, utilise, and market their patented goods. If the invention is a process, they can help others who have been given permission to use it.
4. Modifications and Surrender: By adhering to certain protocols, patent owners can give up their rights to their patents. Additionally, they are allowed to enhance or change their patented inventions, which calls for the filing of a new patent application.
5. Protection from Infringement: In the event that someone infringes upon a patent holder’s rights, the patentee may pursue legal action. Courts have the authority to award damages or issue injunctions.

The 20-year period provides the creator with a time-limited monopoly, encouraging innovation by granting exclusivity. This time frame fosters creativity and advances technology by allowing inventors to recover their R&D expenditures. But after the patent expires, the innovation becomes publicly available, allowing others to build upon, profit from, and expand upon the patented technology. Maintaining this equilibrium between public accessibility and exclusivity is essential to knowledge advancement and continuous innovation.

Challenges in patents and filling of patents:

Challenges and conflicts are not uncommon in the realm of patents. One problem is “patent trolls,” who aren’t imaginary beings but rather businesses that use patents exclusively to file infringement lawsuits against other parties, frequently without producing any actual goods. By requiring fees from businesses utilising tangentially connected technologies, they can hinder innovation.

“Patent thickets,” a complex network of overlapping patents that hinders innovation by others, present another difficulty. This can occur in sectors like technology, where a large number of patents cover related innovations. This can cause legal disputes and impede business growth while companies work through these patents.

Another topic of discussion is what is patentable. One example of a contentious issue is the patentability of genetic and software inventions. Software should be protected, according to some, while others contend that it is more akin to an idea or mathematical concept than a tangible creation. Similar to isolated DNA sequences, genetic inventions are scrutinised for their uniqueness and to determine if they are true inventions or discoveries.

The patent system is impacted by these disputes and difficulties, which has an effect on competition and innovation. They cast doubt on the goal of patents and whether their disproportionate rights promote innovation or impede advancement. Law experts and policymakers wrestle with these problems all the time, trying to find a middle ground that allows for innovation without allowing abuses or obstacles to further development.

Future of Patents in India and abroad:

The future of patents is closely linked to cutting-edge industries like artificial intelligence (AI), biotechnology, and quantum computing as technology develops quickly. A little peek at what’s to come:

1. AI Revolution: Patent rules may change to better protect algorithms and machine learning techniques as AI spurs innovation across industries. Determining the limits of patentability for AI-driven inventions while promoting continuous progress is the difficult part.
2. Biotech Innovations: Patent laws may need to address the challenges of protecting genetic inventions in light of advances in gene editing and personalised medicine. Upholding moral principles while encouraging additional study will probably influence biotech patent regulations in the future.
3. Implications of Quantum Computing: In order to protect hardware and quantum algorithms, patent rules will need to change. In this extremely specialised subject, defining what is patentable will be essential to promoting innovation.

There are various difficulties in adjusting patent laws to these rapidly changing technologies. It will be crucial to have clear rules on patentability requirements for AI algorithms, genetic discoveries in biotech, and complex parts of quantum computing. Furthermore, in order to keep up with the rapid advancements in technology, patent rules may need to be more accommodating.

Finding a balance between promoting innovation, defending the rights of inventors, and guaranteeing equitable access to technical developments is crucial for the future of patents. This could include adding specialised patent courts or authorities qualified to handle intricate technical issues in these developing industries, revising the processes for examining patents, and defining what constitutes patentable subject matter. The ultimate goal is to foster innovation while guaranteeing that its advantages are widely available and advantageous to society at large.

Conclusion:

“Inventors’ rights are balanced with the larger welfare of society by patents, which act as essential barriers protecting the fruits of innovation. Patents have come a long way, from their origins in mediaeval Europe to the complex legal system of contemporary India, becoming essential building blocks for the aspirations of innovators and the advancement of society.

From conception to completion, their journey negotiates a challenging web of regulations, strict standards, and the weighty duty of disseminating information while preserving originality. But there are issues in this field as well: patent trolls that use infringement claims as a means of getting around patent laws, convoluted patent tangles that impede innovation, and continuous discussions about whether or not new technology can be patentable.

With artificial intelligence, biotechnology, and quantum computing illuminating the horizon, patent laws need to change. They must reflect the dynamic nature of rapidly changing technology, finding a middle ground that encourages creativity while maintaining equity for all parties involved.

Patents are a fundamental theme in this continuous symphony of progress, guiding new concepts, drawing boundaries between ideas, and adding to the dynamic story of human accomplishment. They are still entwined with the tale of human curiosity, tenacity, and the unrelenting search for the unknown—a heritage that keeps influencing our times, patent after patent.”

References: 

1. This article was originally written on ipindia.gov.in website. The link for the same is herein https://ipindia.gov.in/history-of-indian-patent-system.htm
   https://www.upcounsel.com/what-is-the-purpose-of-a-patent#:~:text=3%20min%20read-,What%20is%20the%20purpose%20of%20a%20patent%3F,on%20the%20type%20of%20patent.
2. This article was originally published law.uw.edu website. The link for the same is herein https://www.law.uw.edu/news-events/news/2022/legal-tips-patents
3. This article was originally written by Diksha Shastri published on legalwiz.in website. The link for the same is herein https://www.legalwiz.in/blog/know-all-about-different-types-of-patents
4. This article was originally written by Ranjan Narula published on managingip.com website. The link for the same is herein https://www.managingip.com/article/2a5bsc7vmakvohn4kh3i8/india-challenges-faced-in-the-protection-and-enforcement-of-patent-rights
5. This article was originally published on cleartax.in website. The link for the same is herein https://cleartax.in/s/patent-registration
6. This article was originally published on intricateresearch.com website. The link for the same is herein https://www.intricateresearch.com/post/future-of-patents-globally-emerging-technologies-and-industries