PIB Summary- 22th November, 2023 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Indian Patent Office Achieves Record: 41,010 Patents Granted by November 2023

Context
Recently, the Indian Patent Office (IPO) has granted the highest number of 41,010 patents till November 2023.

Understanding Patents: Legal Framework and Criteria

• A statutory right granted for a limited time in exchange for full disclosure of an invention.
• Enables the patentee to exclude others from making, using, selling, or importing the patented product or process without consent.

Legal Framework in India

• Governed by the Patents Act, 1970, amended in 2005, and the Patents Rules, 2003.
• Regularly amended, with the most recent being the Patents (Amendment) Rules, 2021.

Term of a Patent

• The term is 20 years from the filing date.
• For PCT applications, the term is 20 years from the international filing date.

Patent Cooperation Treaty (PCT)

• An international treaty with 150+ Contracting States.
• Allows seeking patent protection simultaneously in multiple countries through an international patent application.
• Can be filed with the national patent office or the International Bureau of WIPO in Geneva.

Criteria of Patentability

• Novelty, inventive steps, and industrial applicability are essential.
• Must not violate provisions of sections 3 and 4 of the Patents Act, 1970.

Scope of Patent Protection

• Territorial right effective only within India.
• No global patent concept.
• Filing in India enables corresponding applications in convention countries or under PCT within twelve months from the filing date in India.

Evolution of the Patents Act in India

• Enacted in 1972, serving as the primary law for the patenting system in India.
• Replaced the Indian Patents and Designs Act of 1911.

Key Amendments in 2005

• Patents (Amendment) Act, 2005 brought significant changes.
• Product patent extended to all fields of technology, including food, drugs, chemicals, and microorganisms.

Notable Changes Post-Amendment

• Product patent expanded to encompass various technological domains.

Repeal of Exclusive Marketing Rights (EMRs):

• Provisions related to Exclusive Marketing Rights (EMRs) repealed.

Introduction of Compulsory License Provision:

• Provision enabling the grant of compulsory licenses introduced.

Incorporation of Opposition Mechanisms:

• Provisions for pre-grant and post-grant opposition introduced.

Impact of Amendments

• Broader scope for patenting across diverse technological sectors.
• Streamlining patent-related processes with the introduction of opposition mechanisms.
• Evolution towards a more comprehensive and contemporary patenting framework in India.

Project Collaboration Agreement

Context
Recently, the Ministry of Ayush and the World Health Organization (WHO) formalized a Project Collaboration Agreement.

Project Collaboration Agreement Overview

Objective and Context

• Bridging Medical Systems:
  • Aims to bridge Traditional and Complementary Medical Systems with the mainstream National Health System.
  • Aligns with the Traditional Medicine Global Strategy 2025-34, a WHO initiative supported by the Ministry of Ayush.

Project Goals

• Standardization of Practices:
  • Objective is to standardize Traditional and Complementary Medical Systems.
  • Focus on incorporating quality and safety aspects into the National Health System.

International Dissemination:

• Seeks to disseminate standardized practices on an international scale.

Integration into National Health Framework:

• Crucial role in elevating Traditional and Complementary Medical Systems within the national health framework.

Focus on Siddha and Training Strengthening

Training and Practice Enhancement:

• Major goal is to strengthen training and practice in the field of the Complementary Medicine System, specifically ‘Siddha.’

Formulation of Guidelines and Safety Protocols

Guidelines Development:

• Formulation of guidelines for the listing of Traditional and Complementary Medicines.

Safety Protocols:

• Emphasis on safety protocols for the practice and use of these medical systems.

International Herbal Pharmacopoeia

Herbal Focus:

• Development of an International Herbal Pharmacopoeia focusing on herbs found in South-East Asia.

Past Collaborations and Continuity

• Marks the third collaboration between the Ministry of Ayush and the WHO.
• Previous agreements in 2016 and 2017 focused on globalizing Traditional Medical systems and strengthening Ayurveda, Unani, and Siddha medical systems.