Explained | The Indian patent regime and its clash with the U.S. norms

The U.S. Trade Representative highlighted IP challenges in India in its annual Special 301 report released last month

The story so far: The U.S. Trade Representative (USTR) said in a report released last month that India was one of the most challenging major economies as far as IP protection and enforcement is concerned. 

It has decided to retain India on its Priority Watch List along with six other countries- Argentina, Chile, China, Indonesia, Russia and Venezuela.

Among the issues raised in the report are concerns about what can be patented, waiting times for obtaining patents, reporting requirements, and data safety.

India had undertaken an intellectual property review exercise last year, where a Parliamentary Standing Committee examined the subject taking into account the views of the Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry; Confederation of Indian Industry (CII); Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers; Department of Agriculture Research and Education, Ministry of Agriculture and Farmers’ Welfare and Federation of Indian Chambers of Commerce and Industry (FICCI), as well as various legal associates.

The Committee also undertook a study visit and interacted with various stakeholders and representatives from the Maharashtra and Goa State governments.

A patent is an exclusive set of rights granted for an invention, which may be a product or process that provides a new way of doing something or offers a new technical solution to a problem.

Indian patents are governed by the Indian Patent Act of 1970. Under the act, patents are granted if the invention fulfils the following criteria: