PATENT LAW UNDER INTELLECTUAL PROPERTY RIGHTS (IPR)

AUTHOR – SUNDRAM KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – SUNDRAM KUMAR, PATENT LAW UNDER INTELLECTUAL PROPERTY RIGHTS (IPR), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 553-557, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The concept of Intellectual Property Rights (IPR) has emerged as a cornerstone of modern innovation and economic development. Among the various branches of IPR, patent law plays a pivotal role in safeguarding technological inventions and promoting creative advancement. A patent grants inventors exclusive rights to their inventions for a limited period, ensuring recognition, financial reward, and encouragement for further research and innovation.

This paper examines the fundamental principles, objectives, and evolution of patent law within the framework of IPR. It explores international instruments such as the Paris Convention, Patent Cooperation Treaty (PCT), and the TRIPS Agreement, which have harmonized global patent systems. Special emphasis is placed on the Indian Patent Act, 1970, its subsequent amendments, and the balance it maintains between promoting innovation and protecting public interest.

The study also analyses key provisions related to patentability, procedure for grant, compulsory licensing, and infringement remedies, supported by landmark judicial decisions. Furthermore, it highlights current challenges in the Indian patent regime, such as evergreening, accessibility to medicines, and adaptation to emerging technologies like biotechnology and artificial intelligence.

Ultimately, the paper concludes that an effective and balanced patent system is essential to encourage innovation while ensuring equitable access to knowledge and technology for societal welfare.

Keywords: Patent Law, Intellectual Property Rights, Innovation, TRIPS Agreement, Indian Patent Act, Compulsory Licensing, Infringing