| Topic : Trade Related Aspects of Intellectual Property Rights |
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Source : http://www.hg.org
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last activity : 07 06 2010 20:18:04 +0000
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Ask any Indian Patent Attorney or Agent, are inventions patentable in India? What will be the answer? Obviously yes or no. But views may vary from individual to individual. As all of us know that we know patents are only granted for inventions which involve human intervention leading to inventive output not for identifying something which is inherent or already existing in nature.
So to be patetable the criteria of invention should be as:
- An invention must be novel
- Has an inventive step
- Capable of industrial application
As India is new entrant to patenting phenomenon, whatever which is propagated by practicing patent attorneys/professionals is been conceived by others to follow. But I do not stand by it. According to me, for any thing to be categorized as patentible, it should follow within the horizons of patentable subject matter.
Moreover patents should be have practical utilities to the society. There should be a concept of novelty in patentinventions, which is specifed in the form of Prior art, includes prior specifications, patents, printed and published literature and other materials related to the invention.
The inventions in patents should be not be obvious to any unskilled person and shoild be specified with proper subject matter, descriptions and inventive scopes.
You also will like the inventions in patents to be like that, but patents are governed by the set of laws and legislations Let Courts to decide about the inventions in patents, But explicit use of words like ‘discovery’, ‘mere discovery’, and ‘invention’ cannot be ignored. Maybe after going through this, you may think again, are discoveries patentable in India?
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