Patent is an exclusive right granted by the government to an inventor for a limited period of twenty years, in exchange for public disclosure of the invention, preventing others from making, using, selling, or importing the patented invention without the patent holder's consent. Under Indian law, patents are governed by the Patents Act, 1970 (as amended in 2005), with the term "invention" defined in Section 2(1)(j) and "patent" in Section 2(1)(m).
Legal definition
The Patents Act, 1970 provides the statutory framework:
Section 2(1)(m): "Patent" means a patent for any invention granted under this Act.
Section 2(1)(j): "Invention" means a new product or process involving an inventive step and capable of industrial application.
Section 2(1)(ja): "Inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
To be patentable under Indian law, an invention must satisfy three conditions: novelty (the invention must be new and not anticipated by prior art), inventive step (it must not be obvious to a person skilled in the art), and industrial applicability (it must be capable of being made or used in an industry).
Section 3 of the Act contains a critical list of exclusions — inventions that are not patentable regardless of novelty and inventive step. Key exclusions include:
- Section 3(d): 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 — the anti-evergreening provision
- Section 3(k): Mathematical or business methods, computer programmes per se, or algorithms
- Section 3(j): Plants and animals in whole or any part thereof other than micro-organisms
- Section 3(b): Inventions whose primary or intended use is contrary to public order or morality
The term of a patent in India is 20 years from the date of filing the application (Section 53), subject to payment of renewal fees.
How courts have interpreted this term
Novartis AG v. Union of India [(2013) 6 SCC 1]
In the most internationally significant Indian patent case, the Supreme Court upheld the rejection of Novartis's patent application for the beta-crystalline form of Imatinib Mesylate (marketed as Glivec, a cancer drug). The Court interpreted Section 3(d) to mean that a new form of a known substance — such as a polymorph, salt, or ester — is patentable only if it demonstrates "enhanced efficacy," which the Court interpreted to mean enhanced therapeutic efficacy for pharmaceutical substances. This landmark ruling established India's strict approach to preventing "evergreening" — the practice of extending patent monopolies through incremental modifications.
Bayer Corporation v. Natco Pharma Ltd. [(2013) — Controller of Patents, upheld by IPAB]
The Controller of Patents granted India's first compulsory licence under Section 84 of the Patents Act, allowing Natco Pharma to manufacture a generic version of Bayer's patented cancer drug Sorafenib Tosylate (Nexavar). The Controller found that Bayer had not made the patented invention available to the public at a reasonably affordable price, had not satisfied the reasonable requirements of the public, and the invention was not being worked in India. This decision demonstrated the practical application of India's compulsory licensing provisions.
Ferid Allani v. Union of India [2019 (80) PTC 229 (Del)]
The Delhi High Court held that computer-related inventions are not per se excluded from patentability under Section 3(k). If the invention demonstrates a technical effect or a technical contribution to the existing knowledge, it may be patentable even if it involves a computer programme as a component. This decision refined the interpretation of Section 3(k) and opened the door for software-related patents where a genuine technical advance is established.
Why this matters
Patents are the primary legal mechanism for protecting technological innovation in India. With the 2005 amendments bringing India's patent law into compliance with the TRIPS Agreement, India now grants product patents in all fields of technology, including pharmaceuticals and chemicals — a sector where India's generic pharmaceutical industry and the patent regime exist in constant tension.
For inventors and businesses, obtaining a patent in India provides a 20-year monopoly on the commercial exploitation of the invention within India. This monopoly can be licensed, assigned, or used defensively. However, the Indian patent system has several distinctive features that differentiate it from Western patent regimes: the stringent Section 3(d) threshold for pharmaceutical patents, the robust compulsory licensing framework under Sections 84-92, and the pre-grant and post-grant opposition mechanisms that allow third parties to challenge patent applications.
For practitioners, the procedural pipeline involves: filing an application at the Indian Patent Office (four offices: Delhi, Mumbai, Chennai, Kolkata), examination by a Controller of Patents, publication, pre-grant opposition (Section 25(1)), grant, and potential post-grant opposition (Section 25(2)). The average time from application to grant is approximately 4-5 years, though expedited examination is available for startups, SMEs, and certain applicant categories.
A critical issue in India is the intersection of patents and public health. India's patent law contains multiple flexibilities — compulsory licensing, Section 3(d), parallel importation — that serve as access-to-medicine safeguards. These provisions have made India the "pharmacy of the world" for affordable generic medicines, particularly for HIV/AIDS, cancer, and hepatitis treatments.
Related terms
Broader concepts:
Related IP rights:
Frequently asked questions
How long does a patent last in India?
A patent in India is valid for 20 years from the date of filing the application under Section 53 of the Patents Act, 1970. This term is subject to payment of annual renewal fees. There is no provision for extension of the patent term, unlike some other jurisdictions. Once the 20-year term expires, the invention enters the public domain and can be freely used by anyone.
Can software be patented in India?
Section 3(k) of the Patents Act excludes "computer programmes per se" from patentability. However, this does not impose a blanket ban on software-related inventions. If the invention demonstrates a technical effect or technical contribution beyond the computer programme itself — such as a novel method of data processing that solves a technical problem — it may be patentable. The Delhi High Court in Ferid Allani v. Union of India (2019) confirmed this nuanced interpretation.
What is a compulsory licence under Indian patent law?
Under Sections 84-92 of the Patents Act, the Controller of Patents may grant a compulsory licence to any person to make, use, or sell a patented invention without the patent holder's consent, if: (a) the reasonable requirements of the public have not been satisfied, (b) the patented invention is not available at a reasonably affordable price, or (c) the invention is not being worked in India. This provision was invoked for the first time in the Bayer v. Natco (2013) case.
How much does it cost to file a patent in India?
The official fees depend on the applicant category. For natural persons and startups, the application fee is Rs 1,600 (e-filing), the examination request fee is Rs 4,000, and annual renewal fees start at Rs 800 per year. For small entities, fees are approximately double, and for other entities (corporations), fees are approximately five to ten times higher. Total official costs for a natural person from filing to grant typically range from Rs 15,000-25,000, excluding attorney fees.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.