<h4>Introduction to the Patents Act, 1970</h4><p>The <strong>Patents Act, 1970</strong>, is the principal legislation governing patents in India. It provides a framework for granting patents, protecting inventions, and promoting technological advancement.</p><p>Over time, the Act has undergone several amendments to align with international agreements and to streamline the patenting process, ensuring a balance between innovator rights and public interest.</p><h4>Key Amendments and New Provisions</h4><p>Significant amendments have been made to the <strong>Patents Act, 1970</strong>. Notably, provisions related to <strong>Exclusive Marketing Rights (EMRs)</strong> have been repealed, reflecting India's evolving intellectual property regime.</p><p>The Act now includes a crucial provision enabling the grant of a <strong>compulsory license</strong>. This mechanism allows third parties to produce a patented product or process without the consent of the patent owner under specific circumstances, often related to public health or national emergency.</p><p>Furthermore, the procedures for both <strong>pre-grant</strong> and <strong>post-grant opposition</strong> have been formally introduced and refined, allowing interested parties to challenge patent applications or granted patents.</p><div class='key-point-box'><p><strong>Compulsory Licensing:</strong> A key provision allowing governments to authorize third parties to produce patented products without the patent holder's consent, typically for public health crises or other national emergencies.</p></div><h4>Patents (Amendment) Rules, 2024: Key Changes</h4><p>The recent <strong>Patents (Amendment) Rules, 2024</strong>, have brought about several procedural changes aimed at enhancing efficiency and transparency in the patent system.</p><ul><li><strong>Reduced Timeline for Request for Examination (RFE):</strong> The period for filing an <strong>RFE</strong> has been shortened from <strong>48 months</strong> to <strong>31 months</strong> from the priority date. This aims to expedite the examination process.</li><li><strong>Introduction of ‘Certificate of Inventorship’:</strong> This new provision formally acknowledges the contributions of inventors by identifying them for their patenting inventions, promoting recognition and morale.</li><li><strong>Frequency of Filing Statements:</strong> The requirement for filing statements has been reduced from once every financial year to <strong>once every three financial years</strong>, easing the compliance burden on patent holders.</li><li><strong>Amendments in Pre-grant and Post-grant Opposition Procedures:</strong> The time frames for the submission of recommendations by an <strong>Opposition Board</strong> and the response time for applicants have been adjusted to make the opposition process more efficient.</li></ul><h4>Section 3: What are NOT Inventions?</h4><p><strong>Section 3</strong> of the <strong>Patents Act, 1970</strong>, explicitly lists categories of subject matter that are <strong>not considered inventions</strong> for the purpose of patent grant in India. These exclusions are crucial for preventing the patenting of trivial, abstract, or non-inventive concepts.</p><div class='key-point-box'><p>Under <strong>Section 3</strong>, the following are generally <strong>not patentable</strong>:</p><ul><li><strong>Frivolous claims:</strong> Inventions that are obviously contrary to well-established natural laws.</li><li><strong>Inventions against natural laws:</strong> For example, a perpetual motion machine.</li><li><strong>Inventions contrary to public order or morality:</strong> Any invention whose primary or intended use could be contrary to public order or morality or which causes serious prejudice to human, animal, or plant life or health or to the environment.</li><li><strong>Discovery of scientific principles or abstract theories:</strong> Mere discoveries of scientific principles or the formulation of abstract theories are not patentable.</li><li><strong>Discovery of natural living or non-living substances:</strong> The mere discovery of a naturally occurring substance is not an invention.</li><li><strong>New forms of known substances:</strong> Unless they show enhanced efficacy.</li><li><strong>Methods of agriculture or horticulture.</strong></li><li><strong>Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.</strong></li></ul></div><h4>Section 4: Non-Patentability of Atomic Energy Inventions</h4><p><strong>Section 4</strong> of the <strong>Patents Act, 1970</strong>, deals with specific exclusions related to <strong>atomic energy</strong>. This section underscores the strategic importance and national security implications associated with atomic research and development.</p><div class='info-box'><p>According to <strong>Section 4</strong>, no patent shall be granted in respect of an invention relating to <strong>atomic energy</strong> falling within sub-section (1) of <strong>section 20 of the Atomic Energy Act, 1962</strong>. This ensures that inventions critical to India's nuclear program remain under state control and are not subject to private patent monopolies.</p></div><div class='exam-tip-box'><p>Understanding <strong>Sections 3 and 4</strong> is vital for UPSC aspirants. These sections define the boundaries of patentability, reflecting India's policy priorities regarding innovation, public health, and national security. They are frequently tested in questions related to <strong>Intellectual Property Rights (IPR)</strong> and <strong>Science & Technology</strong>.</p></div>