A Brief History of the Patent System in India

Apr 252023

Throughout its history, India’s patent system has undergone many changes and greatly impacted both innovation and economic development. This blog post will give you an overview of how the patent system evolved from its inception to the modern day and outline some essential changes which have taken place since then, allowing us to better understand why it remains one of the most important intellectual property laws protecting inventions in recent times.

Patent attorneys in India are important in helping individuals, organizations, and companies protect their inventions with patents. This article will cover everything from recognizing food recipes as patents to creating exclusive drug rights laws!

Overview of the Indian Patent System

The Indian Patent System is driven by the Indian Patents Act of 1970. This Act makes provision for the examination and granting of patents to qualified applicants and outlines the regulations related to patentability, infringement, rights and privileges of patentees. The main purpose of this Act is to encourage inventions that benefit society while protecting inventors from unauthorized exploitation of their work.

Obtaining a patent in India involves applying with the respective Controller General of Patents, Designs & Trade Marks (CGPDTM). After examining the application against all legal requirements, a decision on whether or not to grant a patent will be taken based on various criteria such as novelty, non-obviousness and industrial applicability. Once granted, the patent is valid for 20 years from the date of application, with an option to renew.

Historical Timeline of Key Events & Milestones

The Indian Patent System has a long and fascinating history. It began in 1856 with the introduction of the British Patent and Design Act. This Act allowed inventors and creators to protect their inventions from copying or misuse. The Act also established a Central Office for patent registration in India, located at Calcutta.

In 1859, the Indian Patents Act allowed local inventors and creators to register their patents in India. This law gave them exclusive rights over their inventions within the country.

1872 saw further reforms when the Government of India passed an amendment to the patent law, which protected all types of intellectual property, including trademarks, industrial designs, copyright and trade secrets.

The 1883 Indian Patents and Designs Act established a Central Office for registering designs in India. This law also stipulated that all patents would be valid for 14 years, regardless of whether they were registered in the UK or India.
In 1888, the Indian Patents and Design Act was revised to improve enforcement measures against infringement. The courts were given more power to order damages and fines against those who infringed upon intellectual property rights.

Finally, in 1970, major amendments were made to the patent law by introducing the Indian Patent Amendment Act. This Act introduced a post-grant opposition system, allowing applicants to challenge an already granted patent on certain grounds. It also included provisions for compulsory licensing, which allowed the government to grant licenses to produce and sell patented products in public interest cases.

Indian Patent System – Pre Independence

In the pre-independence era, India had a patent system in place. This was largely dependent on the laws of Britain and other parts of Europe. The British government enacted the Indian Patent Act of 1911 to bring some uniformity to the laws regarding patents in India.

The Act granted the exclusive right to an inventor to his invention for a limited period. However, it did not provide any protection against reverse engineering or copying inventions without permission. Thus, inventors were not adequately protected from exploitation by others who sought to make commercial use of their inventions without consent or royalty payments.

Indian Patent System – Post Independence

India’s patent system underwent significant changes after independence in 1947. The Patent Act of 1911 was replaced with the Patents Act of 1970, which sought to simplify and modernize India’s patent regime. This Act allowed citizens to obtain patents for inventions that were novel, useful and non-obvious. The scope of what could be patented extended beyond traditional industrial products to encompass processes and products derived from biological sources.

Impact of TRIPS and 2005 Amendment

With globalization and India’s entry into the World Trade Organization (WTO) in 1995, the country had to comply with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. This led to a major amendment in 2005, which:
🔹 Reintroduced product patents for pharmaceuticals, biotechnology, and chemicals
🔹 Strengthened patent protection, making India an attractive market for global innovation
🔹 Included compulsory licensing provisions, ensuring public access to essential medicines

This change made it easier for global companies to invest in India while ensuring that lifesaving drugs remained accessible to the public.

Modern Patent Trends and Statistics

Today, India is among the fastest-growing patent-filing nations. Here are some key stats:
📌 2022-23: Over 83,000 patent applications filed, with nearly 50% from Indian innovators
📌 Filing growth: Over 40% increase in patent grants since 2016
📌 Top filing sectors: Pharmaceuticals, IT, AI, renewable energy, and fintech

The Startup India Initiative and Make in India have further boosted patent awareness, leading to more filings from startups and SMEs. The government has also simplified patent procedures by offering reduced fees for startups, faster examination processes, and online filing systems.

The Future of Patents in India

With advancements in AI, robotics, green energy, and biotechnology, India’s patent filings are expected to rise even more. Government initiatives, improved R&D investments, and global collaborations will play a crucial role in strengthening India’s position as an innovation hub.

For inventors and businesses, securing patents is no longer just about protection—it’s a key strategy for market leadership, funding, and long-term success. If you’re working on something groundbreaking, now is the perfect time to explore India’s evolving patent landscape! 🚀