Evolution of Indian Patent Laws
Patent Act, 1856[1]
In the 1300s, the first person to uncover resources in the Alps created property rights for mining, logging, and water. This discovery was particularly significant. Throughout the course of the competition, distinctive advantages were bestowed onto those who produced anything of value. In the year 1409, a German was awarded the first patent for the construction of a model industrial mill. The British were told that they could not have a monopoly on the sale of playing cards since it was evident. The first English patent for the production of stained glass was granted to John of Utynam, and it was valid for a term of twenty years. It was around this period that the French made improvements to the system by registering and testing it. An invention known as a “hopper boy” for a grain elevator was granted a patent in the United States to Oliver Evans.
The United Kingdom Act of 1852 served as the basis for the first piece of patent-related law in India, which was enacted in 1856 and was known as Act VI. This piece of legislation was enacted with the intention of encouraging the invention of novel and practical items, as well as convincing inventors to reveal the trade secrets concealed within their creations. The Act was ultimately repealed by Act IX of 1857 due to the fact that it had been enacted without the approval of the British Crown. In the year 1859, a new piece of law known as Act XV of 1859 was presented to the public in order to give “exclusive privileges.” The previous legislation was amended by this act, which expanded the priority period from six months to twelve months and restricted the issuance of exclusive privileges to inventions that were of significant value. In order to fulfil the requirements of this Act, importers were not regarded to be inventors.
The Patterns and Designs Protection Act, 1872[2]
The Act of 1859 was consolidated in 1872 to offer protection for designs. Act XIII of 1872 changed its name to “The Patterns and Designs Protection Act.” The Act of 1872 was further revised in 1883 (XVI of 1883) to provide a provision to protect the uniqueness of inventions that were previously disclosed in the Exhibition of India and before making an application for their protection. After the date of the inauguration of the Exhibition, a grace period of six months was given for submitting such applications. This Act remained in effect for roughly 30 years without any changes, but in 1883, after changes were made to the patent law in the United Kingdom, it was decided that the Indian legislation should likewise incorporate those changes. Therefore, in order to align the law of invention and designs with the changes made to the U.K. law, an Act was introduced in 1888.
The Indian Patents and Designs Act, 1911[3]
When the Indian Patents and Designs Act, 1911 (Act II of 1911) was passed into law, all of the acts that had come before it were ruled invalid and unenforceable. In 1920, an additional amendment was made to this Act in order to form reciprocal agreements with the United Kingdom and other nations for the purpose of assuring priority protection. This was done in order to ensure that priority protection was provided. During the year 1930, additional modifications were implemented. These modifications included, among other things, clauses that dealt with secret patent grants, additional patents, the government’s use of inventions, and the ability of the Controller to repair errors in the patent register, and an increase in the length of the patent from 14 to 16 years. A modification was made in 1945 that required the submission of the entire specification as well as the filing of the provisional specification within a period of nine months. This was a requirement that was necessitated by the revision.
After the country gained its independence, it was believed that the Indian Patents and Designs Act of 1911 was not fulfilling its intended purpose. It was determined that a comprehensive patent legislation would be desirable in light of the considerable changes that have occurred in the political and economic reality of the country. In 1949, the Government of India established a committee with Justice (Dr.) Bakshi Tek Chand, a former judge of the Lahore High Court, as its head. The purpose of this group was to guarantee that the patent system is beneficial to the interests of the country. The conditions of reference were:[4]
- “To conduct a survey and report on the functioning of the patent system in India; to investigate the existing patent legislation in India and to make suggestions for its improvement, particularly with regard to the provisions that are concerned with the prevention of abuse of patent rights;
- to consider whether any special restrictions should be imposed on patents pertaining to food and medicine; and to report on the findings of the survey and report.
- To make recommendations for the implementation of measures that will ensure effective publicity to the patent system and to patent literature, with a particular focus on patents obtained by Indian inventors;
- To investigate the necessity and practicability of establishing a National Patents Trust;
- To investigate whether or not it would be desirable to regulate the profession of patent agents.”
For the purpose of enabling the Indian Patent System to be more conducive to national interest by encouraging invention as well as the commercial development and use of inventions, the Committee will:
- “To examine the functioning of the Patent Office and the services that it provides to the general public, and to make appropriate recommendations for improvement; and
- To report generally on any improvement that the Committee believes it is appropriate to recommend”.
The committee’s interim report was released on August 4, 1949. It included ideas for changing sections 22, 23, and 23A of the Patents and Designs Act, 1911, in order to bring them in line with the UK Acts of 1919 and 1949. Additionally, the committee made recommendations for preventing the misuse or abuse of patent rights in India. A further point that was brought up by the committee was that the Patents Act ought to make it abundantly apparent that things like food, medication, and surgical and curative devices ought to be made accessible to the general people at the most affordable prices feasible, while at the same time giving the patentee with sufficient compensation.
Based on the above recommendation of the Committee, the 1911 Act was amended in 1950 (Act XXXII of 1950) regarding the working of inventions and forced licensing/revocation based on the Committee’s advice. Other clauses connected to the patent’s endorsement with the phrase “licence of right” on a government application so that the Controller might issue licences, with the following amendments in 1952 and a measure was proposed in the Parliament in 1953 based on the Committee’s recommendations (Bill No.59 of 1953). However, because the government did not push for the bill’s consideration, it was allowed to expire.
The Government of India established the Justice N. RajagopalaAyyangar Committee in 1957 to investigate the possibility of revising the Patent Law and provide recommendations. Two parts made up the Committee’s report, which was delivered in September 1959.[5] The first section addressed general issues of the Patent Law, and the second section included in-depth notes on several provisions of the 1953 failed measures. The first section also discussed the drawbacks of the patent system and offered suggestions for improvement in terms of the law. Despite its flaws, the committee advised keeping the Patent System in place. This report called for significant legal reforms, which served as the inspiration for the Patents Bill of 1965. On September 21, 1965, this measure was introduced in the Lok Sabha, but it was never passed”.
[1]The Patent Act, 1856 (Act VI of 1856).
[2]Patterns and Designs Protection Act, 1872, Act 13 of 1872.
[3]The Patents and Designs Act, 1911 (Act No. II of 1911).
[4] Office of the Controller General of Patents, Designs & Trade Marks, Government of India, History of Indian Patent System, available at https://ipindia.gov.in/history-of-indian-patent-system.htm, last seen on 24 April 2025.
[5] Rajagopal Ayyangar Committee, Report on the Revision of the Patent Law, Government of India, September 1959