Nanotechnology Patent Applications and Section 3(d) of Indian Patents Act, 1970: An Empirical Research

Nanotechnology is an evolving branch of science. It is one of the most promising and radical new technological frontiers. Being a hybrid of chemistry and engineering, nanotechnology holds some peculiarities that cause special problems for the application of Patent Law. India looks forward to develop in every field of Science and Technology including nanotech, and aspires to hold Intellectual Property rights in it. In 2016, India ranked 3rd in the nanotechnology publications after China and USA. The patenting process in nanotechnology is there but yet to increase in favour of domestic applications at the Indian Patent Office coupled with the lack of Indian case law on the subject makes the discussion on the Indian patent regime and nanotechnology most pertinent. Indian Patent Law when applied to the field of nanotechnology raises a number of concerns and difficulties in terms of grant of patent. Therefore, it is necessary to carefully consider whether the Indian Patent System offers a favourable environment for the growth of nanotech industry by motivating patent protection in India. In this research paper, the authors have addressed one specific issue that is of the impact of Section 3(d) of the Indian Patent Act, 1970 on the nanotechnology patent applications in India. The authors propose an amendment in Section 3(d) of the Indian Patent Act, 1970 and some steps that the patent office could take to promote nanotechnology patenting in India and in turn aid the nanotechnology industry growth in India.