Patent Laws In India - Judicial Interpretations And Global Comparison
- IJLLR Journal
- Apr 22
- 2 min read
Karan Singh Tomar, Amity Law School, Amity University, Noida
Anmol Nayar Kaur, Amity Law School, Amity University, Noida
ABSTRACT:
Patent law plays a vital role in promoting innovation, protecting intellectual property rights, and balancing public interest with commercial incentives. India’s patent regime has undergone significant transformation, particularly after its compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This paper explores the judicial interpretations of patent laws in India and conducts a comparative analysis with global patent systems, focusing on the United States, European Union, and select developing countries.
The Indian Patents Act, 1970, especially post-2005 amendments, reflects a nuanced approach toward granting patents, particularly in sectors like pharmaceuticals, where public health concerns are paramount. Indian courts have played a pivotal role in interpreting the scope and limitations of patent protection, with landmark judgments like Novartis AG v. Union of India and Bayer Corporation v. Union of India shaping the doctrine of evergreening, compulsory licensing, and the criteria of inventive step and industrial applicability.
This paper analyzes how Indian courts have balanced patent rights with public interest, particularly access to affordable medicines. It contrasts these trends with judicial approaches in developed jurisdictions, where patent systems are often more lenient toward monopolistic protections. The comparative framework also explores the impact of international treaties, WTO obligations, and domestic legal principles in interpreting patent law.
By assessing both statutory provisions and judicial decisions, the paper highlights India’s unique position as a jurisdiction that prioritizes public welfare while adhering to global IP standards. The study concludes with suggestions for legal reforms, improved judicial training, and a harmonized global outlook that encourages innovation while safeguarding social justice.
Keywords: Patent, compulsory licence, doctrine, invention, intellectual property, TRIPS, WTO
