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

Let’s dive deep into the word of patents and see how they function in India: 

What are patents?

A patent is a type of intellectual property that gives the owner the temporary legal ability to stop others from creating, utilizing, or commercializing their innovation. The proprietor of the innovation must divulge all of its specifics in return for this exclusive privilege, adding to the body of knowledge.

A person or organization must submit a patent application to the appropriate government agency, such as the U.S. Patent and Trademark Office (USPTO), in order to receive a patent. A thorough explanation of the invention and its particular claims, which specify the extent of the protection sought, are usually included in the application. The patent application must also show that the invention is novel, incorporates an innovative step, and has potential for industrial use.

A patent gives its owner the power to sue anyone who violates the patent in order to enforce their legal rights. This may entail prohibiting unauthorized production, use, sale, or import of the patented innovation.

Patents come in a variety of forms, each with unique requirements and levels of protection. Utility patents, on the other hand, can be used to protect machinery, manufactured goods, processes, or compositions of matter, whereas design patents can be used to protect functional things’ decorative designs. Although the length of a patent’s protection might vary, the TRIPS Agreement of the World Trade Organization stipulates that a minimum of 20 years of protection is provided.

In the end, patents are essential for encouraging innovation because they give creators and inventors the chance to profit from their creations while also advancing knowledge and technology as a whole.

History of patents in India:

Before we know any topic, we should look at the history of the topic. That in itself gives us an idea of how patents were made. 

Patents in India have a rich and evolving history. In the early stages, the Indian Patents and Designs Act of 1911 marked the beginning of patent law in India. However, it was the Patents Act of 1970 that laid down the foundation for current patent regulations in the country. This act has undergone several amendments, notably the Patent Amendment Act of 2005.

The Patents Act, 1970 has been regularly updated to align with international standards and ensure compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). One significant change was the extension of product patents to cover all fields of technology, effectively aligning Indian patent law with global standards.

The Office of the Controller General of Patents, Designs, and Trade Marks oversees the implementation of the Patents Act, ensuring proper administration and enforcement of patent-related regulations.

The aforementioned amendments, particularly the 2005 amendment, aimed to strengthen India’s pharmaceutical and biotech industries, making them more competitive on an international scale. However, due to concerns over the potential impact on essential drug prices, proactive measures have been taken to ensure that prices remain accessible for essential medications.

So, from this we get to know that the history of patents in India has put it efforts in order to balance to balance innovation, competitiveness and public access to essential products. This has led to the growth and development of patents in India. 

Now that we have a lot of knowledge about what patents are and the history of how it came into being. 

Let’s look at how a patent it filed. It gives us a more in-depth view of how the whole patent comes to life. 

So, why exactly do we need to file a patent?

Well, the following reasons are the best: 

1. Getting legal protection: Patents are kind of an acknowledgement for every inventor. It encourages inventors to discover more and get protection and due credit for that particular invention. This protection works out as a strong deterrent to anybody trying to copy and use the original idea for their benefit. This gives the inventor due benefit of the invention made. 
2. Financial Opportunities: Having patent for any organisation is beneficial, they attract investors and venture capitalist who are invested in supporting innovations. Patents can also be utilised to commercialise an invention and charge royalty from the same. 
3. Market Advantage: Getting a patent gives companies and innovators a competitive advantage in the marketplace. It enables them to profit only from their original inventions and keeps rivals from stealing their concepts. Inventors can establish a monopoly in a market, set themselves apart from rivals, and possibly demand higher prices or licensing fees for their unique technology by obtaining a patent.
4. Research and Development Incentives: Patent registration encourages and rewards innovation by providing inventors with a time-limited monopoly. This incentivizes inventors and businesses to invest in research and development (R&D) activities, knowing that they will have exclusive patent rights and potential financial benefits from their inventions. It fosters a culture of innovation, promotes technological advancements, and contributes to overall economic growth.

So, now hat we know what is the major benefit of filing a patent lets take a look at how to file a patent in India.  

According to the Indian Patents Act, 1970. The following steps needs to be followed in order to file a patent: 

1. Idea for the invention: To begin with, you must have a novel, practical, and obscure invention or idea. This could be a new technology, an improved version of an old one, or a process.
2. Research and Initial Evaluation: Make sure your invention is original by conducting research. Find out if similar inventions have previously been made by conducting a patent search. In this search, specialists or tools can help.
3. Recording the Innovation: Describe your invention in detail. Explain its components, operating principles, and possible uses. Provide diagrams or sketches to help explain the invention.
4. Speaking with an agent or patent attorney: Speak with a patent lawyer or agent who is knowledgeable about patent law. They will help you navigate the legal system and make sure your application satisfies all prerequisites.
5. Formulating the Request for Patent: Get your official patent application ready. This comprises the invention’s description, the claims (which specify the extent of protection), and any required drawings or illustrations.
6. Application Filing: Send the finished document to the appropriate patent office. To set an early filing date and give yourself more time to perfect your invention before submitting a full application, you can submit a provisional application.
7. Examining and Responding: The patent office reviews your application to make sure it complies with patent laws and is unique. They may ask for explanations or changes. React in a timely and precise manner.
8. Grant or Rejection: You will acquire a patent giving you the exclusive right to use your innovation for a predetermined amount of time if the patent office accepts your application. If not, you have the option to appeal or make changes to remedy issues.
9. Maintenance and Renewal: To keep your patent active, pay the required fees and adhere to the maintenance guidelines.

Now that we know how to file a patent. There is something we also need to focus on and that is opposition of patent. Let’s start with understanding this. 

What is Patent opposition and what are the legal frameworks in place?

A legal procedure known as “patent opposition” allows other parties to contest a patent application or one that has already been granted. By determining whether patents are truly novel, inventive, and practical, it guarantees that they adhere to quality criteria. This aids in preventing the granting of flimsy or excessively broad patents.

The Patents Act, 1970, Section 25, governs patent opposition in India. An opposition can be made to a patent before or after it is issued. These procedures are supervised by the Controller General of Patents, Designs, and Trademarks, who is in charge of the Patent Office. Opposition may stem from a number of factors, such as being obvious or lacking in innovation.

In India, the number of opposition filings has increased since 2005, when anyone was able to challenge a patent. This demonstrates a heightened desire to guarantee that only worthy patents are approved. Delays in case processing, particularly in the biotech industry, continue to be a worry. There is constant work being done to streamline the patent opposition procedure and shorten these delays.

Whenever there is an opposition to any patent there are grounds responsible for it as well. Knowing what can be the reason why someone has an opposition helps in creating a solution to the opposition that the person may have. 

What are the grounds of opposition of patents?

There can mostly be 3 major grounds on which the patents are opposed they are: 

1. Problems with Prior Art: Opposition frequently points to knowledge that already exists and demonstrates that the innovation isn’t novel or creative. In order to prove that the invention isn’t unique, challengers present evidence such as previously published patents, documents, or technology that exist before the patent application.
2. Non-Compliance Issues: When a patent does not satisfy legal standards, such as inadequate disclosure or inadequate innovation, opposition may occur. Opposition arises when there is a breach of patent laws, such as when there is no novelty or when there is no evidence of an innovative step.
3. Concerns about Scope and Novelty: If the invention is not novel or the patent’s scope is too wide, opposition may arise. The novelty or inventive merit of a patented invention may be contested if it appears overly obvious or expansive in relation to current knowledge.

Now, What Strategies can be used to combat opposition patent claims?

Consider yourself an innovator who is anxious to keep their creation a secret. Doing a thorough patent search becomes your cornerstone prior to filing a patent. To make sure your book isn’t a retelling of an already published novel, it’s like searching through a huge library. This thorough search protects your patent from opposition by identifying any public material or similar inventions that might cast doubt on its novelty.

Even with a thorough search, opposition may still surface. Here’s where having a solid legal defence turns into your shield. It’s similar to putting together a persuasive case for the superior features of your technology. Equipped with a profound comprehension of patent law and legal experience, you participate in a calculated conflict by providing proof and reasoned arguments against the assertions of the other side.

Modifying patent claims is a common step in the opposition response process. Imagine it as honing a sculpture’s edges to give it a more pronounced look. Your patent’s base can be strengthened and made more resilient to opposition by changing your claims in response to objections. And negotiation joins the fray, more akin to a diplomatic endeavour. It entails striking a balance, a compromise that addresses opponents’ concerns while maintaining the patent’s strength. Sometimes, to allay opposition worries without sacrificing the core of your invention, it comes down to reaching a consensus, clarifying or adjusting the patent, or reducing its scope.

Every stage of this procedure is important for safeguarding the future of your invention. A strong patent against resistance can be achieved by a combination of patent search, legal defence, revisions, and negotiations. It’s similar to erecting walls of defence around your invention to make sure it endures in the cutthroat world of innovation without opposition.

From the beginning to the end, this process calls for a combination of legal expertise, technical understanding, and negotiating abilities. This is a tale of tenacity, flexibility, and the unrelenting quest to protect a concept with the potential to alter the course of history.

Well, till now int the article we went through a lot starting from history to filing and understanding all about what oppositions are and how we can handle them. 

What is the future of this field?

It is anticipated that patent laws would focus on improving the opposition procedure even further, maybe highlighting more stringent standards for opposition claims. More detailed rules on the grounds for resistance could be one of these modifications, guaranteeing a higher bar for dismissing baseless objections. Changes may also quicken response and decision timescales in an effort to improve efficiency and speed up the process as a whole.

Proactive measures become crucial for applicants. Potential opposition could be minimised by making sure that complete documentation is maintained throughout the application process and by conducting extensive prior art searches prior to filing. It is essential to support patent claims with exacting specificity, lucidity, and uniqueness that falls within the purview of the invention. It’s also critical to keep up-to-date knowledge of the dynamically changing patent law landscape in order to be ready for the prospect of resistance. An applicant can strengthen their case considerably by enlisting the help of legal counsel or other patent law specialists to plan ahead and take proactive measures to handle any opposition. All things considered, a proactive strategy that places an emphasis on thorough investigation, accurate documentation, and calculated legal planning can proactively reduce opposition challenges and increase the likelihood of a successful patent approval.

What can we conclude?

When it comes to patents in India, the process from filing to protection is complicated and full of obstacles. However, in the course of this complex procedure, patent resistance presents a critical roadblock. The skill of fighting back requires attention to detail.

The techniques discussed in this investigation to deal with patent oppositions provide innovators with a strong defensive system. Starting with a comprehensive patent search, which is similar to going through a large library, prevents future disputes. Consequently, a strong legal defence uses a thorough understanding of patent law to successfully refute opposition allegations, much like when constructing a strong case.

While patent claim modifications are an artistic refinement that strengthens the patent’s basis, discussions are a diplomatic move that strive to strike a balance between concerns and preserve the innovation’s core. The cornerstone is proactive measures, which support accurate documentation and calculated preparation to anticipate opposition problems.

Future developments in India’s patent rules are expected to bring about a more rigorous opposition process that prioritises higher standards and speedier decisions. Accepting these changes necessitates alertness, foresight, and a steadfast dedication to safeguarding the innovative concepts that propel progress. In the end, the story of patents and the opposition to them highlights the tenacity, flexibility, and unshakable commitment needed to protect creative genius.

References; 

1. This article was originally written by setindiabiz team published on setindiabiz.com website. The link for the same is herein. https://www.setindiabiz.com/learning/step-by-step-procedure-for-patent-registration-in-india
2. This article was originally written by sakshi sharda published on copbiz.io website. The link for the same is herein. https://corpbiz.io/learning/patent-opposition-procedure-in-india/#:~:text=The%20Opposition%20should%20be%20filed%20within%2012%20months%20from%20the,to%20the%20Controller%20of%20Patent.
3. This article was originally written by Varun Sharma and Manish Aryan published on iam-media.com website. The link for the same is herein. https://www.iam-media.com/regionindustry-guide/india-managing-the-ip-lifecycle/2020/article/the-patent-opposition-process-in-india
4. This article was originally written by Steven Shape published on dennemeyer.com website. The link for the same is herein. https://www.dennemeyer.com/ip-blog/news/strategies-patent-defendants-use-to-avoid-injunctions/
5. This article was originally written by Shikha Srivastava published on mondaq.com website. The link for the same is herein https://www.mondaq.com/india/patent/1185948/opposition-proceedings-in-india