Record Details

What Cannot be Patented in the Jurisdiction of India?

NOPR - NISCAIR Online Periodicals Repository

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Field Value
 
Title What Cannot be Patented in the Jurisdiction of India?
 
Creator Kokane, Sonali
 
Subject TRIPS
Invention
Patent
Therapeutic Efficacy
Traditional Knowledge
Human Intervention
Patent Ever-Greening
Non-Obviousness
Inventive Step
Industrial Applicability
Validity of the Patent
 
Description 196-203
The exceptions to patentable inventions are reviewed and analyzed. These are Sections 3, 4 and 5 of The Patents Act, 1970. They are accompanied with examples that demonstrate that it is not sufficient for the inventions to satisfy just the three criteria of patentability. The working of an invention should also promote and address public order, social harmony, rights of farmers and public health concerns. Patentable inventions that concern us most are related to agriculture and human health. The Patent Laws while supporting inventors must also provide for equitable distribution of the benefits of the invention across all sections of the society. In the broader scheme of things, the laws governing what inventions can be patented and what cannot be patented should be in harmony with the provisions of the TRIPS Agreement administered by WTO.
 
Date 2021-03-02T08:15:49Z
2021-03-02T08:15:49Z
2020-11
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscair.res.in/handle/123456789/56333
 
Language en_US
 
Rights CC Attribution-Noncommercial-No Derivative Works 2.5 India
 
Publisher NISCAIR-CSIR, India
 
Source JIPR Vol.25(6) [November 2020]