Copyright, Patents and Scientific Theses under Indian Law
Copyright in India: Literary Work
Under the Indian Copyright Act, 1957 (as amended), copyright protects original literary, dramatic, musical and artistic works, as well as sound recordings and films. This naturally includes scientific theses, research dissertations and technical manuscripts, provided they are original, expressed in a tangible form, and not mere abstract ideas.
The moment a thesis is written, typed, stored, or otherwise fixed in a material form, copyright subsists automatically. No filing, no government stamp, no registration is required for copyright to exist. Whether the thesis is in a private notebook, a draft on a laptop, or submitted to a university, copyright arises immediately upon fixation. Indian courts have consistently upheld this principle.
What copyright protects is the expression i.e., the words, diagrams, structure, explanation, and presentation and not the underlying scientific invention or technical solution. A new algorithm, chemical compound, device, or process described in the thesis is not protected by copyright as such; only how it is written and illustrated is protected.
Copyright Registration: Optional but Strategically Important
The Copyright Act allows registration of literary works with the Registrar of Copyrights in New Delhi. If registered, a Certificate of Registration is issued, which acts as prima facie evidence of authorship, date of creation, and ownership.
Registration does not create copyright. The right already exists. But in disputes, the certificate gives the author a powerful evidentiary advantage. It shifts the burden onto the other side to disprove authorship or priority.
For scientific theses, registration is most relevant when:
Where Patents Enter the Picture
A scientific thesis is not just a literary work. In many cases it also discloses technical subject matter like inventions, processes, products, or methods that are potentially patentable.
Here the Patents Act, 1970 becomes critical.
Unlike copyright, patents do not arise automatically. A patent exists only if:
The key danger is that publishing a thesis can destroy patent rights if done incorrectly.
Section 29 – Anticipation by Publication
Section 29 of the Patents Act deals with whether an invention is defeated by prior publication. In simple terms, if the invention has already been made available to the public before the patent filing date, it is not “new” and cannot be patented.
A thesis deposited in a university library, uploaded to a repository, or published online counts as prior publication.
Unless a statutory exception applies, this normally kills patentability.
Section 31 – Government or Official Disclosure
Section 31 provides a narrow shield. It protects inventors when disclosure occurs:
In the academic context, this becomes relevant when a thesis is submitted to a government-recognised university, public research institution, or examination body.
However, Section 31 does not create a general grace period. It does not allow unrestricted public release of a thesis. It only protects disclosures that occur because of an official duty or process. Once the thesis is made available to the public at large, that protection ends.
Thus:
The Core Conflict: Patent vs Thesis Publication
| Patent Law | Copyright Law |
| Requires novelty and secrecy until filing | Arises automatically on writing |
| Destroyed by public disclosure | Unaffected by disclosure |
| Protects the invention | Protects the text |
A thesis can therefore be:
This is why universities and technology transfer offices worldwide insist on filing patents before thesis publication.
What If You Patent First, Then Publish?
If a patent application is filed before the thesis is made public, then:
Section 29 does not bar this because the priority date is earlier than the publication.
Section 31 is not even needed.
What If You Publish First and the Patent Is Rejected?
This is where the grey area arises.
If the thesis is published and the patent later fails (for lack of novelty, inventive step, or other reasons), then:
Which means you still have copyright but you do not have patent rights.
Can You Rely Only on Copyright?
You can, but it is weak for technical inventions. Copyright prevents copying of the thesis.
It does not prevent someone from:
Patent is what blocks use of it, Copyright only blocks copying.
How Sections 29 and 31 Should Be Interpreted for Theses
The correct interpretation, consistent with the scheme of the Act, is:
This is why universities often delay public release of theses until patent filings are complete.
Practical Rule for Researchers
The legally safe sequence is:
If you do this, you keep both monopolies:
If you reverse the order, you may lose the patent forever.
What Courts Would Likely Do in a Grey Case
If a thesis was submitted to a university and later published automatically by the institution, courts would likely treat:
Copyright would remain intact either way.
Final Takeaway
A scientific thesis in India is always protected by copyright from the moment it is written. But patent rights are fragile and can be destroyed by premature publication.
Sections 29 and 31 of the Patents Act mean that:
Therefore, the only legally robust way it seems to protect a research-based thesis is:
file patents first, publish later, and register copyright for evidentiary strength.