The Purpose of the Patent Grant

1The grant of a patent bestows the benefit of exclusivity on the inventor for a limited period of time, upon the expiry of which the benefit of accessibility of the invention is opened to the public at large. The underlying purpose of the patent system is the encouragement of improvements and innovation. (Asahi Kasei Kogyo KK’s Application (1991) RPC 485, per Lord Oliver of Aylmerton.) Thus, the purpose of grant of a patent is not only to reward the inventor but also to encourage the public disclosure of inventions. In Bishwanath Prasad Radhey Shyam v Hindustan Metal Industries, Sarkaria J detailed the purpose of patent law: (AIR 1982 SC 1444, (1979) 2 SCC 511, [1979] 2 SCR 757.)

The subject of Patent Law is to encourage scientific research, new technology and industrial progress. Grant of exclusive privilege to own, use or sell the method or the product patented for limited period stimulates new inventions of commercial utility. The price of the grant of the monopoly is the disclosure of the invention at the Patent Office which, after the expiry of the fixed period of the monopoly, passes into the public domain.

2In Allergan v Controller of Patents (2023) the Delhi High Court held that “Fostering of inventiveness is, therefore, the very raison d’etre of patent law, to which end any meaningful interpretation of the provisions of the Patents Act must aspire.” (para 31)