The Patents Act, 1970
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Act details
| Short title | The Patents Act, 1970 |
|---|---|
| Long title | An Act to amend and consolidate the law relating to patents. |
| Act number | 39 of 1970 |
| Act year | 1970 |
| Enactment date | 19 Sep 1970 |
| Ministry | Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade |
| Department | Department of Promotion of Industry and Internal Trade |
| Jurisdiction | Central (Parliament of India) |
| Sections | 179 |
| Schedules | 1 |
| Status | Not repealed |
| Last checked on India Code | 3 Nov 2026 |
| Source | India Code, Government of India |
Summary
Summary of The Patents Act, 1970
Key Provisions
1. Term of Patent: - The term of every patent (not expired or ceased) is 20 years from the date of application filing (as per the new context, Act 2002, applicable to The Patents Act, 1970, for unexpired patents at the commencement).
2. Grant and Rights: - Patents are granted to encourage inventions worked in India on a commercial scale.
• Patentees have exclusive rights, but these can be subject to compulsory licensing if the invention is not worked in India or not available at a reasonably affordable price.
3. Compulsory Licences: - Can be granted after 3 years from the patent grant date if the invention is not worked in India, not available at a reasonable price, or if the public's reasonable requirements are not met.
4. Revocation: - Grounds include non-working of the patent in India, failure to meet public requirements, or unavailability at a reasonable price.
• Application for revocation can be made after 2 years from the first compulsory licence grant.
5. Working of Patents: - Emphasis on ensuring patents are worked in India to promote technological innovation and public interest, especially in vital sectors.
6. International Arrangements: - Recognition of convention countries for patent applications.
Legislative history
Legislative History:
The Patents Act, 1970
● Act Title - The Patents Act, 1970
● Act Number / Year - 39 of 1970
● Act ID (India Code) - 197039
● Presidential Assent Date - September 19, 1970
● Enforcement Date - April 1, 1978
● Nodal Ministry - Ministry of Commerce and Industry
Precedent & Historical Rationale
● Tek Chand & Ayyangar Committee Recommendations - Enacted following landmark evaluations by the Tek Chand Committee (1949–1950) and the Justice N. Rajagopala Ayyangar Report (1959), which recommended overhauling the colonial Indian Patents and Designs Act, 1911 to foster domestic industrial growth and healthcare accessibility.
● Focus on Process Patents & Domestic Self-Reliance - Formulated to grant process patents rather than product patents in core sectors like pharmaceuticals, food, and chemicals. This statutory choice permitted reverse engineering and enabled India's generic pharmaceutical industry to expand while balancing patent rights with public interest through compulsory licensing mechanisms.
Parliamentary Trajectory & Enactment
● Formulation - Introduced by the Ministry of Industrial Development, Internal Trade and Company Affairs to repeal the 1911 framework regarding patents and establish a modern Indian patent regime.
● Parliamentary Passage - Examined by a Joint Parliamentary Committee, debated extensively across sessions, and passed by both Houses of Parliament (Fourth Lok Sabha and Rajya Sabha) during August–September 1970.
● Presidential Assent - Received Presidential Assent on September 19, 1970.
● Enforcement - Enforced on April 01, 1978
Source - Official Record of Parliament, India Code, and Ministry of Commerce and Industry.