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ARTICLE · 30 NOVEMBER 2012

Defensive Patents… Bombs For Future Business Battle!!!

S&A Law Offices
S&A Law Offices
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S&A Law Offices

S&A Law Offices

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When the companies hold patents only for defensive reasons and not for safeguarding a practical commercial development, then this practice is not in tune with the fundamental objectives of the patent system and consequently it becomes anti-competitive.

IndiaIntellectual Property

Patents are granted to encourage innovations and to promote Research & Development. The primary motive of filing application for the grant of patent is to seek legal protection for an innovation so that it can be commercially exploited without any risk of its infringement. Defensive Patenting is an upcoming strategy with secondary motive, the motive of keeping the technological advancements out of competitors' hands i.e., a patent protection is sought for an invention that a company does not plan to exploit itself, but seeks protection just to prevent other companies from commercially exploiting it. The motivation, under such circumstances, is a negative one as it tends to restrict a competitor's freedom of operation.

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