Pitfalls of patenting in India
The Hindu January 06, 2020 Author: Dakshiani Palicha “Innovate, patent, produce and prosper,” was Prime Minister Narendra Modi’s new motto for young scientists, at the inaugural function of the 107th Indian Science Congress. He suggested innovation and patenting will “make our production smoother” — but, in reality, it is the process of patenting any innovation itself that’s complicated and harrowing, and needs greater attention. To safeguard against frivolous patents, the Patents Act, 1970 has imposed certain ‘restrictions’ on patentability. One well-known example is Section 3(d) of the Act — brought to fore in 2013 during the controversial case of Novartis’ Glivec — which aims to prohibit ‘evergreening’ by barring patenting of products which are only slight variations of known substances. Although it does curb monopolistic behaviour by industry giants, it also discourages solutions achieved through deeper research of established concepts. But this is not all. New technolo...