SECTOR- SPECIFIC ANALYSIS OF PATENT PROTECTION IN INDIA
AUTHOR – ISHIKA HOODA, STUDENT AT AMITY LAW SCHOOL, NOIDA
BEST CITATION – ISHIKA HOODA, SECTOR- SPECIFIC ANALYSIS OF PATENT PROTECTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 289-300, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
This paper presents a comprehensive sector-specific analysis of India’s patent protection framework, focusing on two critical sectors: pharmaceuticals and agricultural biotechnology. India’s unique approach to patent protection represents a deliberate balancing act between fostering innovation and ensuring public access to essential goods.
In the pharmaceutical sector, the evolution from the process-patent system established by the 1970 Patents Act to the post-TRIPS product patent regime implemented in 2005 transformed India’s position in the global pharmaceutical landscape.
The paper examines distinctive features of India’s pharmaceutical patent system, including Section 3(d)’s anti-evergreening provision, compulsory licensing mechanisms, and the dual opposition system, analyzing landmark cases such as Novartis v. Union of India, Bayer v. Natco, and Roche v. Cipla. The impacts on various stakeholders—multinational pharmaceutical companies, domestic generic manufacturers, and patients—are evaluated, revealing how India’s pharmaceutical sector has adapted to international obligations while maintaining access to medicines.
In the agricultural biotechnology sector, the paper traces the development of a multi-layered protection framework comprising the amended Patents Act, the Protection of Plant Varieties and Farmers’ Rights Act (PPVFR), and the Biological Diversity Act. This integrated approach restricts patentability for plants and essentially biological processes while creating alternative protection mechanisms for plant varieties that preserve farmers’ rights. The paper analyzes the patentability criteria for genetically modified organisms, genes, DNA sequences, and biotechnological processes, examining judicial interpretations in cases like Monsanto v. Nuziveedu Seeds. The research identifies persistent tensions between innovation incentives and access concerns, particularly regarding seed sovereignty and the relationship between private rights and public research. The paper concludes by examining emerging challenges from new breeding technologies and international harmonization pressures, offering policy recommendations to strengthen India’s sector-specific patent protection framework while maintaining its distinct development priorities.