Judicial Activism And Patent Law

Introduction

The primary goal of India's legal system is to guarantee that all its residents can obtain and receive justice. Article 300A of the Indian Constitution guarantees that no one can be deprived of their property unless a court orders it. This provision can apply to the intellectual property field, such as patents, which are the foundation for securing the inventor's ownership rights over his invention. Using provisions of the Patent law, the patent office grants exclusive rights for inventions to their inventors for 20 years within the jurisdiction, which helps encourage innovation. Patent Laws have complex legal principles regarding what qualifies as a patentable invention, infringement, and enforcement.

Judicial Activism

The judges generally go beyond the strict interpretation of existing laws and precedents and use their due diligence to give judgements based on the situation and new legal principles or to advance social or policy goals. In other words, it involves the judiciary's willingness to interpret existing laws and to make rulings that significantly impact policy areas.

The relationship between judicial activism and law is complex, and it involves the role of courts in interpreting and shaping laws. The judiciary's role in law is not simply to apply existing rules but also to interpret and shape those rules. This process inherently involves a degree of discretion, which can be termed judicial activism.

Relationship Between Judicial Activism and Patent Law

The following key points that show the relationship between the judiciary and patent law are given below:

• Interpretation:
  
  1. Courts play a crucial role in interpreting patent statutes, which can sometimes be ambiguous.
  2. Judicial decisions can clarify the scope of patentable subject matter, the requirements for patentability - novelty, non-obviousness, and industrial applicability, and the remedies available for infringement.
  3. To the extent that judges broaden or narrow the meanings of these legal requirements, they engage in a form of judicial influence, which can be characterized as judicial activism.
• Balancing Interests:
  
  1. Patent law involves balancing the interests of inventors with the public interest in promoting competition and access to technology.
  2. Courts sometimes must weigh these competing interests, and their decisions can have significant economic and social consequences.
  3. For example, courts may need to consider the balance between rewarding innovation and ensuring access to essential medicines in cases relating to pharmaceutical patents.
• Adapting to Change:
  
  1. Patent law must adapt to rapid technological change or advancements, such as in areas such as biotechnology and computer-related inventions.
  2. Courts are often called upon to determine how existing patent laws apply to these new technologies, and their rulings can shape the direction of innovation. This is where judicial activism can be seen, as judges are forced to make rulings on situations that the original legislative writers may not have anticipated.
  3. For example, in Computer-Related Inventions (CRI), as in all high-tech inventions, the inventors usually use a computer program or software to some extent to meet the technical needs and/or solve the prior problems. The courts may need to check to what extent the said CRIs are considered computer programs per se or algorithms and, hence, non-patentable subject matter.

Conclusion

Although there are differing perspectives on the judiciary's role in interpreting patent law, some argue that the judiciary should strictly follow the text of patent statutes. In contrast, others believe they should have more flexibility to shape or interpret the law according to the circumstances. However, it is pertinent to mention that no one can deny its importance as the impact of judicial activism on patent law. Judicial activism significantly fosters innovation for economic growth and public health.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.