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VOL. 7, ISSUE 3 (2021)
Substantive requirements of patentability in India
Authors
Monica Raje
Abstract
All members of the World Trade Organisation (WTO) are bound by the obligations under the Agreement on Trade- Related Aspects of Intellectual Property Rights (The TRIPS). India is one of the founding members of the GATT and thus a member of the WTO from its inception from January 1, 1995, and is bound by the obligations under TRIPS Agreement like all other members of the WTO. In India, patents are governed by the Patents Act, 1970. This paper seeks to study the substantive requirements of patent law in light of the amendments to the Patents Act, 1970 in order to meet India’s obligations under the WTO. The paper also delves into the legislative history of patent law in India. The subject matter of a patent is an invention. The Act defines the term invention as a new product of process involving an inventive step and capable of industrial application. In addition, the Act, specifically bars certain subject matter from being patented under sections 3 and 4. The paper focuses on the concepts involved in patentability of an invention and analyses judicial pronouncements in order to understand the various requisites of patentability namely; patentable subject matter, new invention, inventive step and capable of industrial application.
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Pages:226-230
How to cite this article:
Monica Raje "Substantive requirements of patentability in India ". International Journal of Law, Vol 7, Issue 3, 2021, Pages 226-230
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