Extension of Patent Term in India

Extension of Patent Term in India: A patent grants its author exclusive rights so that no one may steal the invention’s concept. It is one of five intellectual property rights, along with copyright, trademark, industrial designs, and geographical indicators. In India, a patent has a 20-year validity term.

This applies to all enterprises and sectors. However, there are a few innovations that cannot be patented in India. Click here to know all about them.

People patent their ideas for the following reasons:

• To promote growth and development
• It encourages creation
• To allow inventors to benefit from their discoveries

Patent Law Amendment of 2005

Relevant provisions of the Patents (Amendment) Act 2005 relating to product patents:

1. Extending patent protection to items in the pharmaceutical, food, and chemical industries.
2. Patent protection will be granted for 20 years.
3. Establishment of a procedure for granting a required license for the export of medicines to nations that lack or do not have a manufacturing facility. If the importing country has either granted a required license for importation or has usually authorized the importation of patented pharmaceutical goods from India (as per the Doha Declaration on TRIPS and Public Health)
4. Section 3 (d) on patentability.

The effect of patent term extension

• RCEP (Regional Comprehensive Economic Partnership) seeks to broaden and regulate the grace period allowed to patent applications while assessing the uniqueness of an innovation guaranteed in a patent application.
• This extended grace period would imply that an earlier publication that would demonstrate the lack of freshness of an invention guaranteed in a patent application would not be permitted as a major aspect of the examination or resistance. -proof
• This prolonged grace period is designed to make patenting easier for organizations.
• Any extension of the patent period will have a negative impact on access to the less costly drugs produced in India by traditional pharmaceutical companies.
• Providing a longer patent period for pharmaceutical patents may result in delays in the approval of ordinary forms, thereby affecting access to fairly priced drugs.

Term of Selectiveness

• The term of a patent is the time period during which it is valid and can be authorized.
• The longer the patent term, the greater the selectiveness for the innovation. And the longer it takes for the patent-protected innovation to enter the public domain, the greater the likelihood of a high-tech lock-in.
• A patent may have a shorter duration than the set 20-year period for a variety of reasons. For example, failure to pay the patent fee may result in the patent’s expiration, and failure to pay the patent fee may result in the patent’s first denial.

Reactions caused by patent term extension

• In selected industries, such as information technology and scientific instruments, where innovation is always evolving. However, giving up 20 years of patent protection does not justify
• The fundamental term of security that applies to all technologies regardless of the rate of mechanical advancement resulted from a TRIPS (Intellectual Property Rights) agreement.
• In a firm where expenses fall steadily within the first couple of years after introducing a new invention. Such a long period of protection without a monetary basis is absurd.
• Having a technology-agnostic patent term is a waste of time when shorter insurance is necessary for innovation. In this way, companies may stimulate information and ideas in the market while also improving the quality of innovation.

Patent-term extension-related debates

• Developed countries look for a term extension against the importance of recovering R&D expenses for their pharmaceutical organizations.
• Proponents also argue that patent-term extensions could compensate for the loss of powerful patent term-time lost in obtaining administrative sanction or inferable from patent office deferrals.
• Many pharmaceutical organizations report benefits that are typically greater than the costs associated with research and development.
• Any additional extension of the patent period would benefit corporations at the expense of society.
• Given India’s reputation as a world-class provider of mild conventional medicines, granting a longer patent term will result in deferrals. Particularly in the passage of nonexclusive forms and might have an unfavorable impact on access to prescription.

As India discusses the RCEP, a free trade agreement that has the potential to alter the intellectual property (IP) landscape of its member countries. We need to look at the proposal in a more comprehensive context. Indeed, this demonstrates how the length of the patent for intellectual property rights has steadily increased throughout time. India has been a global pioneer in developing patent legislation that balances the rights of entrepreneurs with public health. Indeed, the country must protect its dynamic patent law.

I hope this article has explained all about the extension of the Patent Term in India. Corproots can help you with the process of patent registration, and filing documents necessary for patent extension. Get in touch with our experts to know all about it.