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Introduction to Patent LawParis ConventionPatent Cooperation Treaty (PCT)WTO-TRIPSHarmonization of CBD & TRIPSDetailed Case Laws


  • Introduction to Patent Law
  • Paris Convention
  • Patent Cooperation Treaty (PCT)
  • WTO-TRIPS
  • Harmonization of CBD & TRIPS
  • Detailed Case Laws
  • Problem-Based Analysis

PART – 1

INTRODUCTION TO PATENT LAW (DETAILED RESEARCH ANALYSIS)

1. Meaning and Concept of Patent Law

Patent Law is a branch of Intellectual Property Law which grants an inventor an exclusive monopoly right over an invention for a limited period (usually 20 years) in exchange for full public disclosure of the invention.

Patent is:

  • A statutory right
  • Territorial in nature
  • Time-bound
  • Subject to conditions

In India, patents are governed by the Patents Act, 1970 (amended in 1999, 2002, 2005) to comply with TRIPS.

2. Objectives of Patent Law

  1. Promote innovation
  2. Encourage technological advancement
  3. Reward inventors
  4. Ensure public disclosure
  5. Balance private monopoly with public interest

Patent law is based on social contract theory: Inventor discloses invention → Society grants temporary monopoly.

3. Essential Conditions of Patentability (Indian Law)

Under Section 2(1)(j), invention must be:

  1. Novel
  2. Involve Inventive Step
  3. Capable of Industrial Application

(i) Novelty

Invention must not be part of prior art.

(ii) Inventive Step

Must involve technical advancement or economic significance.

(iii) Industrial Application

Must be capable of being made or used in industry.

IMPORTANT INTERNATIONAL FRAMEWORK

Patent law today is shaped by international treaties:

Now we study each in deep academic manner.

CHAPTER 1

PARIS CONVENTION – DETAILED RESEARCH ANALYSIS

Historical Background

The was adopted in 1883.

It was the first major international IP treaty.

India became member in 1998.

Core Principles

1. National Treatment

Each member country must give same protection to nationals of other member countries as it gives to its own nationals.

Legal Effect: No discrimination against foreign applicants.

2. Right of Priority (Most Important)

Article 4 grants:

  • 12 months for patents
  • 6 months for trademarks/designs

If a person files in one member country → He can file in other member countries within 12 months and claim earlier filing date.

This prevents loss of novelty.

Academic Importance

Without priority system:

  • Inventors would lose novelty while filing internationally.
  • Multiple filings would be risky.

Case Law Analysis

1. Novartis AG v Union of India (2013)

Facts: Novartis sought patent for Glivec (anti-cancer drug).

Issue: Whether modified form of known substance is patentable?

Held:

  • Section 3(d) valid.
  • Mere new form without enhanced efficacy not patentable.
  • India can interpret patent law strictly.

Significance:

  • India balances international obligations and public health.
  • Demonstrates sovereignty within Paris and TRIPS framework.

Problem-Based Question (Paris Convention)

Problem 1:

A files patent in Germany on 1 Jan 2025.
He files in India on 30 Dec 2025 claiming priority.
B files same invention in India on 1 July 2025.

Who wins?

Answer: Under Paris Convention, A’s priority date = 1 Jan 2025.
Thus A has earlier date → A gets patent.

CHAPTER 2

PATENT COOPERATION TREATY (PCT)

Introduction

The simplifies international filing.

It does NOT grant international patent.

It provides:

  • Single application
  • International search
  • Optional preliminary examination

Two Phases of PCT

Phase 1: International Phase

  1. Filing of international application
  2. International Search Report
  3. Written Opinion

Phase 2: National Phase

Applicant must enter each country separately.

Time limit: 30 or 31 months.

Advantages

  • Saves time
  • Reduces initial cost
  • Provides search opinion

Case Law

Enercon (India) Ltd v Aloys Wobben (2014)

Supreme Court clarified:

  • Revocation and opposition cannot proceed simultaneously.
  • Importance of procedural discipline.

Shows complexity of international patent litigation.

Problem-Based Question (PCT)

X files PCT on 1 March 2025.
Priority date: 1 Jan 2025.
He enters India at 32 months.

Answer: India allows entry within 31 months.
Application deemed withdrawn.

CHAPTER 3

WTO – TRIPS AGREEMENT

Introduction

is part of the .

It created minimum global IP standards.

India amended Patent Act in 2005.

Major Features

1. 20 Year Patent Term

Mandatory.

2. Product Patent in Pharma

India earlier allowed only process patent.

Post 2005: Product patent mandatory.

Compulsory Licensing

Article 31 allows compulsory license.

India’s Section 84 provides:

  • Reasonable public requirements unmet
  • Not reasonably affordable
  • Not worked in India

Landmark Case

Bayer Corporation v Natco Pharma Ltd (2014)

Facts: Cancer drug Nexavar cost ₹2.8 lakh/month.

Held: Compulsory license granted to Natco.

Significance: Public health > patent monopoly.

Doha Declaration (2001)

Clarified TRIPS must be interpreted to protect public health.

CHAPTER 4

HARMONIZATION OF CBD AND TRIPS

Conflict Between:


vs

CBD:

  • Sovereignty over biological resources
  • Benefit sharing
  • Traditional knowledge protection

TRIPS:

  • Strong patent protection

Indian Legal Response

  1. Biological Diversity Act, 2002
  2. Section 3(p) – Traditional knowledge not patentable
  3. Disclosure of source mandatory

Turmeric Case

US patent granted for turmeric wound healing.

India challenged.

Patent revoked due to lack of novelty.

Neem Case

Neem pesticide patent revoked.

Significance: Protection against biopiracy.

Problem-Based Question

A US company patents tribal medicine without disclosure.

Remedies:

  • Pre-grant opposition
  • Post-grant opposition
  • Revocation
  • Biodiversity Act violation

COMPARATIVE ANALYSIS

Treaty Focus Patent Grant? Enforcement
Paris Priority No National
PCT Filing system No National
TRIPS Minimum standards No WTO dispute
CBD Biodiversity No Domestic

CONCLUSION (ACADEMIC STYLE)

International patent law attempts to balance:

  • Innovation incentives
  • International trade
  • Public health
  • Environmental protection

India has adopted a public interest oriented patent regime, reflected in:

  • Strict interpretation of inventive step
  • Anti-evergreening approach
  • Compulsory licensing
  • Protection of traditional knowledge


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