International patents vs Indian patents have significant distinctions that impact inventors and businesses globally. Understanding these differences can protect intellectual property across borders. Patents are legal instruments that grant inventors exclusive rights to their inventions, preventing others from making, using, or selling the invention without permission. 

While international treaties like the Paris Convention and the Patent Cooperation Treaty (PCT) facilitate global patent protection, national laws govern the specifics. India’s patent system, governed by the Patents Act, 1970, and administered by the Indian Patent Office, differs notably from those in developed countries like the USA, UAE and UK. These differences encompass various aspects, including compulsory licensing in India, patent protection differences, and the global IP laws comparison.

 

Overview of International Patents

International patents and Indian patents exhibit notable differences, especially in the filing procedures and legal frameworks. International patents are governed by treaties such as the Paris Convention and the Patent Cooperation Treaty (PCT), which streamline the patent application process across multiple countries. The United Arab Emirates (UAE) has its own robust patent system, recently updated to enhance efficiency and compliance with international standards.

Paris Convention

The Paris Convention, established in 1883, allows inventors to file for patent protection in any of the signatory countries within 12 months of their initial application. This treaty emphasizes the principle of national treatment, meaning each member state must provide the same protection to foreign applicants as it does to its nationals.

Patent Cooperation Treaty (PCT)

The PCT, administered by the World Intellectual Property Organization (WIPO), facilitates a unified procedure for filing patent applications to protect inventions in multiple countries. It includes a single international application, which simplifies the process and reduces costs. The PCT process involves two phases:

  • International Phase: Includes filing, international search, and preliminary examination.
  • National Phase: Involves the patent offices of the designated countries reviewing the application based on their national laws.

UAE Patent System

The UAE’s patent system, regulated by Federal Law No. 11 of 2021, introduced significant changes, including:

  • First-to-File System: Aligning with the US system, granting priority to the first application filed.
  • Publication: Patent applications are published 18 months after filing, promoting transparency and public awareness.
  • Express Examination: Introduced for faster processing, with initial examination conducted within six months upon paying specific fees.
  • Post-Grant Re-Examination: Allows for opposition to patents, making the process faster and more cost-effective​.

Patent Filing Process in India

In contrast, the patent filing process in India is governed by the Patents Act, 1970. Applicants must file a patent application with the Indian Patent Office, which includes examination, publication, and opposition stages. India also recognizes the PCT, allowing international applicants to enter the national phase in India after completing the PCT procedures.

By understanding the international framework and the patent filing process in India, inventors can strategically manage their intellectual property across multiple jurisdictions.

Key Elements of International Patents

  • First-to-File System: Most countries, including India and the UAE, follow this system, granting patent rights to the first person to file an application.
  • Global IP Laws Comparison: While principles are similar, national law nuances affect patent protection, enforcement and litigation.

 

Indian Patent System

Governed by the Patents Act, 1970, the Indian patent system includes unique features such as compulsory licensing, which are not as prevalent in other jurisdictions like the USA or UAE.

Patents Act, 1970

The Patents Act, 1970, amended multiple times, is the principal legislation governing patents in India. It is administered by the Indian Patent Office under the Department for Promotion of Industry and Internal Trade (DPIIT).

Patent Filing Process in India

The patent filing process in India involves several steps:

  • Application Filing: Applicants must file a patent application, which includes a detailed description, claims, and necessary forms.
  • Publication: The application is published 18 months from the filing date, making the details accessible to the public unless a request for early publication is made.
  • Examination: A request for examination must be filed within 48 months from the priority date or the filing date, whichever is earlier. The patent office examines the application for compliance with patentability criteria.
  • Opposition: Pre-grant and post-grant opposition provisions allow third parties to challenge the patent application based on grounds like lack of novelty or inventive step.
  • Grant: If the application meets all criteria, the patent is granted and published in the patent journal.

Key Features of Indian Patent Law

  • Compulsory Licensing: Under Section 84 of the Patents Act, the Indian government can issue a compulsory license to a third party if the patented invention is not available to the public at a reasonable price or does not meet public demand. This mechanism aims to balance patent protection with public interest, ensuring accessibility to essential innovations.
  • First-to-File System: India follows the first-to-file principle, granting patent rights to the first person to file an application, aligning with global standards.
  • Term of Patent: A patent in India is granted for 20 years from the filing date, provided the maintenance fees are paid annually.

Legal Framework and Regulations

  • Section 3 of the Patents Act: This section outlines inventions that are not patentable in India, such as inventions contrary to public order, methods of agriculture, and traditional knowledge.
  • Patent Rules, 2003: These rules provide detailed procedures for the filing and processing of patent applications, including amendments introduced over the years to streamline processes and improve efficiency.

Related: Understanding The Patent Filing Procedure In India

 

Key Differences Between International and Indian Patents

International patents vs Indian patents present various differences in terms of eligibility, filing, priority, and enforcement. Here, we explore the key differences from the perspectives of the US, UK, UAE and India.

Patent Eligibility and Scope

 

United States

In the US, patents are governed by Title 35 of the United States Code. The eligibility criteria include novelty, non-obviousness, and utility. The America Invents Act (AIA) reinforces these criteria, emphasizing the first-to-file system.

Exclusions: Laws of nature, natural phenomena, and abstract ideas are not patentable.

United Kingdom

The UK follows the Patents Act 1977, which aligns with the European Patent Convention (EPC). The eligibility criteria include novelty, inventive step, and industrial applicability.

Exclusions: Scientific theories, mathematical methods, and aesthetic creations are not patentable.

United Arab Emirates

Under the UAE’s Federal Law No. 11 of 2021, patents are granted for new inventions involving an inventive step and industrial applicability​.

Exclusions: Plant and animal species, biological methods of production, and inventions violating public order or morality are not patentable.

India

Governed by the Patents Act, 1970, Indian patents require novelty, inventive steps and industrial applicability.

Exclusions: Inventions contrary to public order, traditional knowledge and methods of agriculture are not patentable.

Patent Filing and Priority

 

United States

The US follows a first-to-file system under the America Invents Act (AIA). An inventor must file a patent application to establish priority.

Grace Period: The US provides a one-year grace period for public disclosures by the inventor before filing a patent application.

United Kingdom

The UK also follows the first-to-file principle. Patent applications must be filed with the UK Intellectual Property Office (UKIPO) or through the European Patent Office (EPO).

No Grace Period: The UK does not provide a grace period for public disclosures.

United Arab Emirates

The UAE follows the first-to-file system. Patent applications are submitted to the Ministry of Economy. Recent reforms allow early publication and express examination, enhancing the filing process​.

Priority Applications: Applicants can claim priority based on prior applications in any Paris Convention member state within 12 months.

India

India follows the first-to-file system. The patent filing process includes stages of examination, publication, and opposition​.

Grace Period: Similar to the UK, India does not provide a grace period for public disclosures. However, Under certain circumstances a grace period of 12 months is provided under the Patents Act for filing of patent application from the date of its publication in a journal or its public display in an exhibition organised by the Government or disclosure before any learned society or published by applicant.

Patent Duration and Maintenance

 

United States

US patents are granted for 20 years from the filing date. Maintenance fees are required at 3.5, 7.5, and 11.5 years to keep the patent in force.

United Kingdom

UK patents are valid for 20 years from the filing date, subject to the payment of annual renewal fees.

United Arab Emirates

Patents in the UAE are valid for 20 years from the filing date. Utility certificates have a validity of 10 years. Annuity payments must be made annually, with a 12-month grace period after the lapse​.

India

Indian patents are valid for 20 years from the filing date. Annual renewal fees are required to maintain the patent in force.

Enforcement and Legal Remedies

 

United States

Patent enforcement in the US involves litigation in federal courts. Remedies include injunctions, damages, and, in some cases, enhanced damages for willful infringement.

United Kingdom

The UK allows patent enforcement through the Patents Court and the Intellectual Property Enterprise Court. Remedies include injunctions, damages, and accounts of profits.

United Arab Emirates

In the UAE, patent infringement cases can lead to civil and criminal penalties. Courts can grant injunctions, damages, and in some cases, order the destruction of infringing goods​.

India

Patent enforcement in India involves litigation in the High Courts. Remedies include injunctions, damages, and, in some cases, account of profits. The Patents Act also provides for compulsory licensing under specific conditions​.

Special Provisions and Government Interventions

 

United States

The US system allows for provisional applications, which establish an early filing date but do not mature into an issued patent unless further steps are taken within a year.

United Kingdom

The UK provides for Supplementary Protection Certificates (SPCs) to extend the protection of patented pharmaceutical and plant protection products.

United Arab Emirates

The UAE’s new patent law introduces provisions for post-grant re-examination and express examination, improving the efficiency of the patent system​.

India

India’s compulsory licensing provisions allow the government to issue licenses to third parties to use a patent without the consent of the patent holder if the invention is not available to the public at a reasonable price or fails to meet public demand.

 

 

Conclusion

Exploring international patents vs Indian patents unveils not just procedural differences, but also the diverse philosophies underpinning global intellectual property laws. In countries like the US and the UK, patent systems emphasize the inventor’s rights and the swift commercialization of innovations, fostering a robust environment for technological advancement. Conversely, India’s approach, with its unique compulsory licensing provisions, reflects a balance between protecting inventors and ensuring public access to essential technologies. This public-interest-driven stance can sometimes place India at odds with the more inventor-centric frameworks seen in Western countries, yet it underscores a commitment to equitable technological dissemination.

For global businesses and inventors, these nuanced differences present both challenges and opportunities. Understanding the specifics of the patent filing process in India, alongside the distinct mechanisms in the UAE and Western nations, allows for a strategic approach to intellectual property management. By tailoring patent strategies to align with regional laws, such as leveraging the UAE’s expedited examination process or navigating India’s public demand criteria, innovators can maximize their IP portfolio’s potential. This global perspective not only mitigates risks but also capitalizes on the unique advantages each jurisdiction offers, ensuring a competitive edge in the dynamic landscape of international patents.

Protect Your Innovations with Expert IP Services 

Navigating the complexities of international patents vs. Indian patents requires specialized knowledge and expertise. Maheshwari & Co. brings decades of experience in intellectual property law, offering comprehensive services tailored to meet the unique needs of businesses and inventors. Our team is well-versed in the intricacies of patent filing, prosecution, and enforcement across various jurisdictions. Visit our IP services page to learn more about how we can help safeguard your intellectual property and ensure your inventions receive the protection they deserve.

 

 

FAQ

1. What is the primary difference between the patent systems in India and the US?

The primary difference lies in the approach to patent protection and public interest. The US patent system, governed by the America Invents Act, focuses on the inventor’s rights with a first-to-file system and includes a one-year grace period for public disclosures by the inventor. Conversely, India’s Patents Act, 1970, also follows the first-to-file system but includes compulsory licensing provisions that allow the government to license a patent to third parties if the patent holder fails to meet public demand or reasonable pricing, reflecting a strong emphasis on public interest.

2. How does the patent application process in the UAE differ from that in India?

The patent application process in the UAE, under Federal Law No. 11 of 2021, includes the option for express examination, allowing for faster initial examination within six months. Additionally, the UAE publishes pending patent applications 18 months after filing to promote public awareness and examination. In contrast, India’s process, governed by the Patents Act, 1970, involves mandatory publication 18 months after filing and allows for both pre-grant and post-grant opposition, ensuring a thorough vetting process before a patent is granted.

3. What is compulsory licensing in the context of Indian patents?

Compulsory licensing in India allows the government to authorize a third party to produce and sell a patented product without the patent holder’s consent if the invention is not available to the public at a reasonable price or does not meet public demand. This provision under Section 84 of the Patents Act, 1970, aims to balance patent protection with public interest, ensuring essential innovations like medicines are accessible to the public. This is a unique feature of the Indian patent system compared to other countries.

4. Are there any similarities between the patent laws of the US, UK, UAE, and India?

Yes, there are several similarities. All four jurisdictions follow the first-to-file principle, granting patent rights to the first person to file an application. Additionally, all these countries are signatories to international treaties like the Paris Convention and the Patent Cooperation Treaty (PCT), which facilitate international patent applications and promote the harmonization of patent laws globally. 

5. How long is the patent protection period in the US, UK, UAE, and India?

In all four jurisdictions—the US, UK, UAE, and India—the standard patent protection period is 20 years from the filing date of the application. This duration is designed to balance the rights of inventors to benefit from their inventions with the public’s interest in eventually having access to the innovation. Annual maintenance or renewal fees are required in each jurisdiction to keep the patent in force throughout its term.