2.2.2 The Patent Act, 1970

The Patent Act, 1970 (‘the Patent Act’) provides for registration of patent and protection to the inventors from copying the products or adopting the methods by other persons.
As per section 2(j) of the Patent Act, invention means a new product or process involving an inventive step and capable of industrial application. A patent for the invention can be applied by any person who claims to be the true and first inventor of the invention. Once a patent is granted, under section 48 of the Patent Act, the registered proprietor acquires exclusive right to prevent third parties, who do not have his consent, from making, using, offering for sale, selling or importing patented product in India, and using the patented process, or using, selling or importing product in India obtained directly by patented process. As per section 60 of the Patent Act, a patent can be assigned and transmitted to another person and on the registration of such assignment and transmission, such person becomes the proprietor of patent or registered proprietor. The registered proprietors of the patents are the IPR holders.
Under section 70 of the Patent Act, IPR holders have powers to grant licence to make, use, offer for sale, sell or import patented product or use the patented process in India as per the conditions of the written contract.