COMPREHENSIVE ANALYSIS OF PATENTEE RIGHTS, OBLIGATIONS, AND PATENT MECHANISMS IN INTELLECTUAL PROPERTY LAW
AUTHOR – KOUSTAV BHATTACHARJEE, AMITY LAW SCHOOL, NOIDA
BEST CITATION – KOUSTAV BHATTACHARJEE, COMPREHENSIVE ANALYSIS OF PATENTEE RIGHTS, OBLIGATIONS, AND PATENT MECHANISMS IN INTELLECTUAL PROPERTY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 977-985, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Patents are a cornerstone of intellectual property (IP) law, designed to stimulate innovation by granting inventors exclusive rights over their creations for a limited period. The balance between encouraging innovation and protecting public interest is integral to the patent system. This paper provides a comprehensive exploration of patentee rights, obligations, and patent mechanisms, with an emphasis on legal provisions, international treaties, and judicial interpretations. It discusses the exclusive rights conferred by patents, including the right to exclude others from making, using, or selling the invention. Alongside these rights, patentees are subject to several obligations, such as the disclosure of the invention, payment of maintenance fees, and the requirement to commercially exploit their patents. These obligations ensure that the benefits of patented inventions are shared with society at large.
The paper also examines key legal mechanisms for enforcing patents, including infringement litigation, injunctions, and compulsory licensing. With the rise of complex technologies such as biotechnology and artificial intelligence (AI), new challenges have emerged in determining patentability and enforcing patent rights. The role of international treaties like the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the Paris Convention, and the Patent Cooperation Treaty (PCT) in harmonizing patent laws across jurisdictions is analyzed in detail. The paper incorporates a critical analysis of landmark cases such as Novartis AG v. Union of India (2013), which addressed the issue of “evergreening” patents, and Natco Pharma Ltd. v. Bayer Corporation (2014), a pivotal case involving compulsory licensing in the pharmaceutical industry. In addition to examining substantive legal doctrines, this paper addresses the emerging concerns regarding patent thickets, the evergreening of patents, and the role of patent systems in balancing proprietary rights with public access to essential innovations, particularly in healthcare and technology sectors. Through this comprehensive analysis, the paper aims to provide insights into how patent systems can continue to incentivize innovation while ensuring equitable access to technological advances.