Grant and enforcement of patents for new, inventive, industrially applicable inventions, with India's distinctive exclusions (s. 3), compulsory licensing and revocation.
Frivolous inventions, discoveries of natural laws, mere new forms of known substances without enhanced efficacy (s. 3(d), Novartis 2013), mere admixtures, methods of agriculture, medical treatment methods, computer programmes per se, business methods, and traditional knowledge.
Pre-grant opposition by any person on stated grounds after publication; post-grant opposition by any person interested within one year of grant.
The exclusive right to prevent third parties from making, using, offering for sale, selling or importing the patented product or process without consent.
Grounds include lack of novelty or inventive step, non-patentable subject matter, insufficient disclosure, obtained by false suggestion, and failure to disclose foreign applications (s. 8).
After three years from grant, any person interested may apply on the grounds that reasonable requirements of the public are not satisfied, the invention is not available at a reasonably affordable price, or is not worked in India (Natco v. Bayer, 2012).
Infringement suits are instituted in a court not inferior to a District Court; where the defendant counter-claims for revocation, the suit is transferred to the High Court.
The text shown is a working summary used inside Nyaya for grounding and UI preview. For verbatim reproduction, refer to the bare Act published on indiacode.nic.in.