INTELLECTUAL PROPERTY LAW. Unit-V:

PAPER-V: 

INTELLECTUAL PROPERTY LAW.

Unit-V:

🔶 1. Explain the concept of a patent. What are the essential features of a patent under Indian law?

(Long Answer)

A patent is an exclusive legal right granted to an inventor or applicant for a new invention, which may be a product or a process that offers a new technical solution or a novel way of doing something. It acts as a reward for innovation and promotes technological advancement by granting the patentee the right to exclude others from making, using, selling, or distributing the invention without permission for a limited period, generally 20 years from the date of filing.

✅ Concept of Patent under Indian Law:

Under The Patents Act, 1970, a patent is granted for an invention that is:

  • Novel (new),
  • Inventive (involves an inventive step), and
  • Capable of industrial application.

The Act does not protect abstract ideas, discoveries, theories, or mere arrangements of known devices.

✅ Essential Features of a Patent:

  1. Novelty:
    The invention must be new and not part of the public domain or existing knowledge (prior art). If the invention has been disclosed to the public before filing, it loses its novelty.
  2. Inventive Step (Non-obviousness):
    The invention must involve an inventive step, meaning it should not be obvious to a person skilled in the art based on prior existing knowledge.
  3. Industrial Applicability:
    The invention must be capable of being made or used in any kind of industry, including agriculture.
  4. Subject Matter of Patentability:
    Only inventions that are not excluded under Sections 3 and 4 of the Patents Act are patentable. For example, inventions contrary to public morality, mere discoveries, mathematical methods, or traditional knowledge are not patentable.
  5. Territorial Rights:
    Patents are territorial in nature, meaning a patent granted in India is enforceable only within India.
  6. Time-bound Monopoly:
    The term of every patent in India is 20 years from the date of filing, subject to payment of renewal fees.
  7. Exclusive Rights:
    The patentee has the exclusive right to manufacture, use, sell, or license the invention. Others are prohibited from using the invention without consent.
  8. Disclosure Requirement:
    A full and complete disclosure of the invention must be made in the patent application to enable a person skilled in the art to replicate the invention.
  9. Publication and Opposition:
    Patent applications are published after 18 months of filing, and opposition can be filed by third parties before and after grant.

✅ Conclusion:

A patent under Indian law serves both individual and public interests by protecting the rights of inventors while encouraging the sharing of knowledge. The Patents Act balances the need to reward innovation and the societal goal of access to technological advances.

🔶 2. Trace the historical development of patent law in India. How has the Indian patent regime evolved over time?

(Long Answer)

The patent law in India has evolved significantly over time, transitioning from colonial-era laws to a modern, TRIPS-compliant regime. This evolution reflects India’s shifting priorities between promoting innovation, protecting public interest, and aligning with international intellectual property standards.

✅ 1. Early Developments (British Era)

  • 1856 – First Patent Legislation:
    The first Indian patent law was enacted as Act VI of 1856, based on the British Patent Law of 1852. It aimed to encourage inventions and their introduction into India. However, it was later repealed as it had been enacted without the approval of the British Crown.
  • 1859 – Re-enactment:
    A new act, Act XV of 1859, was passed with modifications. It granted exclusive rights to inventors for 14 years.
  • 1872 to 1911:
    Several legislations were enacted, including the Patent and Designs Protection Act, 1872 and the Protection of Inventions Act, 1883, which gradually shaped the law.
  • 1911 – Indian Patents and Designs Act:
    This comprehensive act governed both patents and designs. It remained in force for several decades and was substantially modeled on British law, offering product patents for all technologies, including pharmaceuticals.

✅ 2. Post-Independence Developments

  • Need for Change:
    After independence, the Indian government realized that the 1911 Act favored foreign companies and did not suit India’s socio-economic interests, especially in the field of medicines and food.
  • 1949 – Tek Chand Committee:
    The committee reviewed the 1911 Act and recommended significant reforms, including ending product patents for essential items like food and drugs.
  • 1957 – Justice Ayyangar Committee:
    A more comprehensive report recommended a new patent law emphasizing process patents, not product patents, especially in pharmaceuticals. It aimed to promote domestic industry and ensure affordable access to essential goods.

✅ 3. The Patents Act, 1970

  • Enacted based on Ayyangar Committee recommendations, this act repealed the 1911 Act and came into force in 1972.
  • Key features:
    • Product patents in food, drugs, and chemicals were abolished.
    • Only process patents were granted in these areas for a term of 7 years.
    • Patents in other fields were granted for 14 years.
    • Encouraged import substitution and boosted India’s generic pharmaceutical industry.

✅ 4. TRIPS and Globalization

  • 1995 – India joined the WTO and became a signatory to the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which required:
    • Product patents in all fields,
    • Minimum patent term of 20 years,
    • National treatment and non-discrimination.
  • India was given a transition period until 2005 to fully comply.

✅ 5. Amendments to the Patents Act

To make the law TRIPS-compliant, India made three key amendments:

  1. 1999 Amendment:
    • Introduced the concept of “mailbox” applications for product patents in pharmaceuticals and agro-chemicals.
    • Provided Exclusive Marketing Rights (EMRs) for such inventions.
  2. 2002 Amendment:
    • Redefined “invention” and improved the process of patent application and enforcement.
    • Introduced the concept of compulsory licensing and streamlined the appellate mechanism.
  3. 2005 Amendment:
    • Allowed product patents in all fields, including pharmaceuticals and agro-chemicals.
    • Removed EMRs.
    • Introduced safeguards like Section 3(d) to prevent “evergreening” of patents.

✅ 6. Recent Developments and Policy Shifts

  • India continues to balance patent protection with public health and access to technology.
  • India’s stance on compulsory licensing, affordable medicine, and patent exclusions has been appreciated in the global South.
  • The National IPR Policy (2016) aims to promote innovation while respecting public interest.

✅ Conclusion

India’s patent regime has undergone a remarkable transformation — from a colonial, foreign-dominated system to a TRIPS-compliant, innovation-driven legal framework. While it protects inventors, it also safeguards national interest by ensuring access to essential goods, especially in health and agriculture. The evolution reflects India’s commitment to a balanced patent system that encourages innovation while serving the needs of its people.

🔶 3. What are patentable inventions under the Patents Act, 1970? Discuss with reference to the exclusions under Sections 3 and 4 of the Act.

(Long Answer)

Under the Patents Act, 1970, an invention is defined as a new product or process involving an inventive step and capable of industrial application. However, not all inventions are patentable in India. The Act lays down specific criteria for patentability and also lists non-patentable inventions under Sections 3 and 4 to safeguard public interest, morality, and national security.

✅ Patentable Inventions under Indian Law

According to Section 2(1)(j) of the Patents Act, 1970, a patentable invention must satisfy the following conditions:

  1. Novelty:
    The invention must be new, i.e., it should not be anticipated by prior art or publicly known anywhere in the world before the filing date.
  2. Inventive Step:
    The invention must involve a technical advancement or have economic significance, making it non-obvious to a person skilled in the relevant field.
  3. Industrial Applicability:
    The invention must be capable of being made or used in an industry, including agriculture.

If an invention meets these three criteria, it is considered patentable unless it falls under exclusions listed in Sections 3 or 4.

✅ Exclusions under Section 3: What is Not Patentable

Section 3 provides a comprehensive list of non-patentable inventions, including:

  1. Frivolous Inventions (Section 3(a)):
    Inventions that are contrary to well-established natural laws.
  2. Contrary to Morality or Public Order (Section 3(b)):
    Inventions that may cause harm to public health, the environment, or violate public morals.
  3. Mere Discovery (Section 3(c)):
    Discoveries of scientific principles or abstract theories are not patentable.
  4. New Form of Known Substance (Section 3(d)):
    Prevents evergreening of patents. Only significant enhancements in efficacy are patentable.
  5. Admixture or Arrangement (Section 3(e) & (f)):
    Mere mixtures or arrangements without any synergistic effect are not patentable.
  6. Methods of Agriculture or Horticulture (Section 3(h)):
    These are excluded to protect farmers’ traditional knowledge.
  7. Medical and Surgical Methods (Section 3(i)):
    Any process for treating humans or animals is not patentable.
  8. Plants and Animals (Section 3(j)):
    Biological processes involving plants, animals, or seeds are excluded.
  9. Mathematical or Business Methods and Computer Programs per se (Section 3(k)):
    Pure software or algorithms are not patentable without technical application.
  10. Presentations of Information (Section 3(m)):
    Mere data presentation or abstract ideas are not patentable.

✅ Exclusion under Section 4: Inventions Relating to Atomic Energy

According to Section 4, no patent shall be granted for any invention related to the use of atomic energy, as determined by the Central Government. This ensures national security and public safety.

✅ Conclusion

The Patents Act, 1970, provides a clear framework for identifying patentable inventions while safeguarding public interest through Sections 3 and 4. While encouraging innovation, the Act ensures that patents are not misused to monopolize basic knowledge, natural phenomena, or socially sensitive areas. Thus, only those inventions that meet the statutory criteria and do not fall within the scope of exclusions are eligible for patent protection in India.

🔶 4. Discuss the various kinds of patents. How do product patents and process patents differ in terms of protection?

(Long Answer)

A patent is a legal monopoly granted to an inventor for a limited period in exchange for public disclosure of an invention. The nature of the invention determines the kind of patent granted. In India, under the Patents Act, 1970, patents are broadly categorized based on what is being protected — a product, a process, or a combination of both.

✅ Kinds of Patents

Although Indian law does not formally categorize patents into rigid types, based on practical and global understanding, patents are usually classified into the following categories:

1. Product Patent

A product patent is granted for a new and useful product — a physical item such as a machine, device, pharmaceutical compound, or any tangible article.

  • Example: A novel chemical compound used in medication or a newly designed engine component.
  • Protection: Prevents others from making, using, selling, or importing the patented product without permission, regardless of the method used to make it.

2. Process Patent

A process patent is granted for a new method or process of manufacturing a product, improving its efficiency, or creating a new use for a known product.

  • Example: A new method of synthesizing a drug or a technique for purifying water.
  • Protection: Prevents others from using the patented process. However, others may produce the same product using a different, unpatented method.

3. Combination Patent

Covers a new combination of known products or processes that collectively produce a new result or improved function.

  • Example: A combination of known mechanical parts forming a new device.

4. Improvement Patent

Granted for a significant enhancement or modification to an existing patented invention.

  • Example: Improvement in battery life or heat efficiency of an existing device.

5. Design and Utility Model Patents (Globally Recognized)

  • Though design patents and utility models are recognized in other jurisdictions (like the US and China), in India, industrial designs are protected under the Designs Act, 2000, not under the Patents Act.
  • India does not recognize utility models or petty patents.

✅ Product Patent vs. Process Patent: Key Differences

Basis Product Patent Process Patent
Definition Protects the actual product or item invented Protects the method or process used to create a product
Scope of Protection Broad — no one can make or use the product, regardless of process Narrow — protection only against the specific process patented
Example A new drug compound A new method of synthesizing the drug
Enforcement Easier to enforce, as product infringement is visible Harder to enforce; requires proof of process use
Relevance in India Allowed post-2005 amendment to comply with TRIPS Always allowed, especially for pharmaceuticals and chemicals
Economic Impact Favors originator companies and high R&D investments Encourages local innovation and reverse engineering

✅ Historical Context in India

  • Before the 2005 amendment, India only allowed process patents for pharmaceuticals and agro-chemicals to promote public health and affordable medicine.
  • Post-2005, in line with TRIPS obligations, India started recognizing product patents in all fields, including pharmaceuticals.

✅ Conclusion

Understanding the difference between product and process patents is crucial for both innovators and industries. While product patents offer broader protection, process patents encourage innovation in manufacturing techniques. The Indian patent system balances these rights to promote innovation while protecting public welfare, especially in sensitive sectors like health and food.

🔶 5. Describe the procedure for obtaining a patent under the Patents Act, 1970. What are the major steps involved in patent registration?

(Long Answer)

The procedure for obtaining a patent in India is governed by the Patents Act, 1970 and the Patent Rules, 2003 (as amended). It involves a detailed and systematic process to ensure that the invention meets all statutory requirements of novelty, inventive step, and industrial applicability. The entire process from filing to grant is designed to scrutinize the invention and balance the rights of inventors with public interest.

✅ Major Steps Involved in Patent Registration in India

🔹 1. Patent Search (Optional but Recommended)

Before filing, an applicant may conduct a patentability search to check whether a similar invention already exists. Though not mandatory, this step helps assess the novelty and scope of the invention.

🔹 2. Drafting and Filing of Patent Application

The application must be filed in Form 1 along with a complete or provisional specification (Form 2).

  • A provisional specification can be filed if the invention is not finalized. A complete specification must follow within 12 months.
  • Application can be filed online or with the Patent Office (Mumbai, Delhi, Chennai, or Kolkata).

Key contents of the application:

  • Title of invention
  • Field of invention
  • Background and prior art
  • Summary of the invention
  • Detailed description
  • Claims and abstract

🔹 3. Publication of the Patent Application

After 18 months from the date of filing or priority date (whichever is earlier), the application is automatically published in the Patent Office Journal under Section 11A.

  • Early publication can be requested via Form 9.
  • Once published, the applicant enjoys provisional rights, though enforcement begins only after grant.

🔹 4. Request for Examination (RFE)

The application is not examined automatically. The applicant must file Form 18 (Request for Examination) within 48 months from the filing or priority date.

  • A Request for Expedited Examination can be made under Form 18A, subject to eligibility (e.g., start-ups or international applicants).

🔹 5. Examination by the Patent Office

A Patent Examiner reviews the application for compliance with legal requirements and patentability criteria.

  • An Examination Report called First Examination Report (FER) is issued, highlighting objections, if any.

🔹 6. Response to FER / Hearing

The applicant must respond to objections raised in the FER within 6 months (extendable by 3 months).

  • This may involve written submissions or amendments to claims.
  • A hearing may also be conducted if required.

🔹 7. Pre-Grant Opposition (Optional)

Any third party may file a pre-grant opposition under Section 25(1) after publication but before the grant of the patent, on various grounds like lack of novelty, inventive step, or wrongful obtainment.

🔹 8. Grant of Patent

If all requirements are met and no opposition is sustained, the patent is granted and published in the official Patent Journal under Section 43.

  • The patentee receives a certificate of grant, and the patent is enforceable from the date of grant.

🔹 9. Post-Grant Opposition

Within 12 months from the date of publication of grant, any person can file a post-grant opposition under Section 25(2) before the Opposition Board.

🔹 10. Renewal and Maintenance

To keep the patent in force, annual renewal fees must be paid starting from the third year till the end of the 20-year term.

  • Failure to pay can result in lapse of the patent.

✅ Conclusion

The process of obtaining a patent under the Patents Act, 1970 is a rigorous and multi-stage procedure that ensures only genuine, novel, and useful inventions receive protection. From filing and examination to grant and renewal, each step is vital in establishing and maintaining the legal rights of the inventor. By following the correct procedure, inventors can secure exclusive rights that foster innovation, investment, and commercialization of new technologies.

🔶 6. What are the rights and obligations of a patentee under the Patents Act, 1970? How can these rights be enforced?

(Long Answer)

The Patents Act, 1970 grants a patentee exclusive rights over their invention for a limited period, generally 20 years from the date of filing. These rights empower the patentee to commercially exploit the invention while placing certain obligations to ensure responsible use and public benefit. The Act also provides mechanisms for enforcing these rights and resolving disputes.

✅ Rights of a Patentee

Under Section 48 of the Patents Act, the following exclusive rights are granted to the patentee:

🔹 1. Right to Exclude Others

The patentee has the right to prevent others from making, using, selling, importing, or offering for sale the patented invention without consent.

  • In case of a product patent: Right to stop third parties from making, using, or selling the product.
  • In case of a process patent: Right to stop others from using the patented process and selling the resulting product.

🔹 2. Right to Commercialize

The patentee can manufacture and sell the invention or use it in a commercial process.

🔹 3. Right to License or Assign

The patentee can grant licenses to others or assign (transfer) the patent rights for consideration. Licensing agreements must be registered with the Patent Office.

🔹 4. Right to Surrender the Patent

Under Section 63, the patentee may voluntarily surrender the patent by submitting a written request.

🔹 5. Right to Sue for Infringement

If anyone violates the patent rights, the patentee can file a civil suit for injunction, damages, or accounts of profits under Section 108.

🔹 6. Right to Apply for Relief from Infringement

The patentee may seek interim relief, including injunctions and seizure of infringing goods.

✅ Obligations of a Patentee

A patentee’s rights are not absolute and come with certain obligations to ensure fair use and public welfare.

🔹 1. Disclosure of Invention

The patentee must disclose the complete details of the invention in the patent specification, enabling others to use the invention after the patent expires.

🔹 2. Payment of Renewal Fees

Annual renewal fees must be paid from the third year onwards until the expiry of the patent. Failure leads to lapse of the patent.

🔹 3. Work the Patent in India

The patent must be worked (used or practiced) in India within a reasonable time. If not, it may be subject to compulsory licensing under Section 84.

🔹 4. Avoid Abuse of Rights

Patentees should not engage in practices like hoarding, price manipulation, or refusal to license the invention without valid reason, which may lead to revocation under Section 85.

🔹 5. Compliance with Government Orders

In times of public interest, the government may use the patent for non-commercial use under Section 100, and the patentee is obligated to comply.

✅ Enforcement of Patent Rights

🔸 Civil Remedies (Section 108):

  • Permanent or interim injunctions
  • Damages or account of profits
  • Seizure, forfeiture, or destruction of infringing goods

🔸 Jurisdiction:

Suits must be filed in District Courts or High Courts having jurisdiction, depending on pecuniary value.

🔸 Burden of Proof in Process Patents:

Under Section 104A, in process patent infringement cases, the burden may shift to the defendant to prove they used a different process.

✅ Conclusion

The Patents Act, 1970 grants patentees significant rights to encourage innovation, investment, and public disclosure of inventions. However, it also imposes obligations to ensure that these rights are not misused and that the invention is utilized for public benefit. Through a combination of legal rights and responsibilities, Indian patent law strives to strike a balance between private innovation and public interest.

🔶 7. Define ‘Exclusive Marketing Rights’ and ‘Right to Secrecy’ in the context of patents. How are these rights protected under the Indian patent system?

(Long Answer)

The Indian patent system, governed by the Patents Act, 1970, offers not just patent rights but also provides certain transitional and supportive protections, such as Exclusive Marketing Rights (EMRs) and Right to Secrecy, under specific circumstances. These concepts, though distinct, play a critical role in promoting innovation while balancing national interest and international commitments.

✅ 1. Exclusive Marketing Rights (EMRs)

🔹 Definition:

Exclusive Marketing Rights (EMRs) were a transitional mechanism introduced in India by the Patents (Amendment) Act, 1999 to comply with the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) under the World Trade Organization (WTO).

Since India did not allow product patents for pharmaceuticals and agro-chemicals before 2005, EMRs were provided as a temporary right to foreign applicants who had filed product patent applications and sought marketing rights in India.

🔹 Legal Basis:

  • Provided under Chapter IVA (Sections 24A to 24F) of the Patents Act.
  • Applied only to pharmaceutical and agricultural chemical products.
  • Granted between January 1, 1995 and January 1, 2005 (the transition period for TRIPS compliance).

🔹 Conditions to Obtain EMR:

To be eligible for EMR, the applicant had to:

  1. File a product patent application in India under the “mailbox provision”.
  2. Have a corresponding product patent granted in a WTO member country.
  3. Obtain marketing approval for the product in that country.
  4. Seek marketing approval in India for the same product.

🔹 Rights Granted Under EMR:

  • Right to exclusively market the invention in India for 5 years or until the patent is granted/rejected, whichever is earlier.
  • Prevented others from producing, selling, or distributing the product.

🔹 Status Post-2005:

With the Patents (Amendment) Act, 2005, India started granting product patents in all sectors. Consequently, the provisions related to EMRs were repealed, and EMRs are no longer granted.

✅ 2. Right to Secrecy

🔹 Definition:

The Right to Secrecy under patent law refers to the power of the Indian Government to prohibit or restrict the publication or disclosure of certain patent applications if deemed prejudicial to the interest of national security.

🔹 Legal Basis:

  • Provided under Sections 35 to 42 of the Patents Act, 1970.

🔹 Key Provisions:

🔸 Section 35 – Secrecy Directions:

The Controller of Patents can issue secrecy directions to withhold the publication or communication of any patent application that might be relevant for defence purposes or national security.

🔸 Section 36 – Consequences of Secrecy Directions:

The application remains in force but is not published or examined until the secrecy order is withdrawn. No patent is granted until permission is obtained.

🔸 Section 37 – Review of Secrecy Order:

The Central Government must review the secrecy direction every 6 months and may continue or withdraw it.

🔸 Section 39 – Foreign Filing Restrictions:

Indian citizens or residents cannot file patent applications abroad without prior approval if the invention relates to defence or is subject to secrecy directions.

🔸 Section 42 – Compensation:

If the secrecy direction causes loss to the applicant, they may be entitled to reasonable compensation from the government.

✅ Purpose of the Right to Secrecy:

  • Protect national security and sensitive technologies.
  • Prevent leakage of strategic inventions to foreign countries.
  • Ensure controlled dissemination of dual-use technologies (e.g., nuclear, missile, or defence innovations).

✅ Conclusion

While Exclusive Marketing Rights (EMRs) were a temporary measure to balance India’s international obligations during the TRIPS transition, the Right to Secrecy is a continuing tool for protecting national interests. Both concepts illustrate how Indian patent law strives to balance innovation and public welfare with strategic, economic, and international considerations. EMRs supported inventors in a TRIPS-compliant manner, and the Right to Secrecy safeguards India’s sovereign interests in sensitive areas.

🔶 8. What constitutes ‘abuse of patent rights’? Explain the grounds for compulsory licensing and how the law addresses patent infringement.

(Long Answer)

The Patents Act, 1970 grants inventors exclusive rights to make, use, and sell their inventions. However, when these rights are exercised in a manner that harms public interest, restricts access, or suppresses innovation, it is termed as “abuse of patent rights.” To counter such misuse, Indian patent law provides for compulsory licensing and enforcement mechanisms to protect both the patentee and public welfare.

✅ 1. Abuse of Patent Rights: Meaning and Examples

Abuse of patent rights occurs when a patentee misuses their monopoly to:

  • Limit accessibility to the invention (especially life-saving drugs),
  • Charge excessive prices,
  • Refuse to license the patent to others despite demand,
  • Suppress innovation by denying access to essential technologies,
  • Fail to work the patent in the country.

Such actions defeat the purpose of granting patents, which is to benefit both the inventor and the public by promoting technological progress.

✅ 2. Compulsory Licensing: A Remedy for Abuse

Compulsory Licensing is a statutory provision that allows the government or a third party to use or produce a patented invention without the consent of the patentee, under certain conditions. It is provided under Sections 84 to 92 of the Patents Act, 1970.

🔹 Grounds for Compulsory Licensing (Section 84)

Any person can apply for a compulsory license after 3 years from the grant of a patent, on any of the following grounds:

  1. Reasonable requirements of the public are not being satisfied;
  2. The patented invention is not available at a reasonably affordable price;
  3. The invention is not being worked in the territory of India.

🔹 Government Use and Public Health (Sections 92 & 100)

  • In cases of national emergency, extreme urgency, or public health crises, the government can bypass the waiting period and issue a compulsory license or use the patent for public purposes.
  • Example: In 2012, India granted a compulsory license to Natco Pharma to produce Bayer’s patented cancer drug Nexavar, reducing the cost drastically.

🔹 Revocation for Abuse (Section 85)

If a patentee continues to abuse patent rights or fails to fulfill obligations, the Controller of Patents may revoke the patent on application by an interested party.

✅ 3. Infringement of Patent Rights

Patent infringement occurs when a person, without authorization, makes, uses, sells, or imports a patented product or uses a patented process.

🔹 Types of Infringement:

  • Direct Infringement: Unauthorized making, selling, or using of the patented invention.
  • Indirect Infringement: Inducing others to infringe or supplying components for infringement.

🔹 Remedies for Infringement (Section 108):

A patentee can seek the following civil remedies:

  1. Injunction (temporary or permanent),
  2. Damages or accounts of profits,
  3. Seizure or destruction of infringing goods.

🔹 Jurisdiction (Section 104):

Suits for infringement must be filed in District Courts or High Courts having appropriate jurisdiction.

🔹 Burden of Proof in Process Patents (Section 104A):

If a patented process produces a new product, the burden of proof may shift to the defendant to prove they did not use the patented process.

🔹 Defenses in Infringement Cases:

A defendant may challenge the validity of the patent, argue non-infringement, or claim that the patent falls under exclusions under Section 3 or 4.

✅ Conclusion

While patent rights empower inventors, they must not be used to hinder public access or exploit the market unfairly. Indian patent law ensures this balance through compulsory licensing provisions and strict infringement enforcement mechanisms. These tools help prevent abuse, encourage innovation, and ensure that patents serve their broader objective of promoting economic development and societal welfare.