Answer ... The Patents Act, along with the Patent Rules, 2003 as amended the Patents (Amendment) Rules, 2024 is the primary source of law governing patents in India.

The manual and various guidelines issued by the Office of the Controller General of Patents, Designs and Trademarks (CGPDT) generally known as the Indian Patent Office (IPO) provide guidance on several aspects of patent law. These include:

• the Manual of Patent Office Practice and Procedure;
• the Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals;
• the Guidelines for Examination of Biotechnology Applications for Patent;
• the Guidelines for Processing of Patent Applications relating to Traditional Knowledge and Biological Material; and
• the Revised Guidelines for Examination of Computer-related Inventions.

Additionally, some other statutes indirectly affect patent laws, including:

• the Biological Diversity, 2003 as amended by the Biodiversity Diversity (Amendment) Act, 2023; and
• the Protection of Plant Varieties and Farmers’ Rights Act, 2001.

Another source of patent law in India is decisions of the Indian courts. Decisions of the CGPDT and of the Intellectual Property Appellate Board (now abolished) also influence patent law. Occasionally, developments are also influenced by decisions issued in some foreign jurisdictions, such as Europe, the United Kingdom and the United States.

Other sources of patent laws in India include international treaties and conventions such as:

• the Agreement on Trade-Related Aspects of Intellectual Property Rights;
• the Paris Convention for the Protection of Industrial Property;
• the Patent Cooperation Treaty, 1970 (PCT); and
• the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

Answer ... The following parties can apply to register a patent in India:

• anyone that claims to be the true and first inventor of the invention;
• the assignee of the person claiming to be the true and first inventor of the invention; and
• the legal representative of any deceased person who, immediately before his or her death, was entitled to make the application.

A patent in India is registered by the CGPTD.