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ARTICLE · 03 NOVEMBER 2023

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Is 'Combination Invention' An 'Old Wine In A New Bottle'?

Using a combination of known elements to create a new invention is an age-old practice to stay ahead in competition.

IndiaIntellectual Property

Using a combination of known elements to create a new invention is an age-old practice to stay ahead in competition. The most convenient combination patent that disrupted the market in 1858 was a pencil with eraser patent owned by Hymen Lipman. There is no statutory bar on combining the known patents to create a new invention. The combination of many elements in mechanical, electrical, and electronic devices is common practice. Combination patents are gaining significance in the drug, chemical, and biotechnology industries as well. We may see biotechnology patents covering combinations of genetic engineering, therapeutic, and biotechnological processes. The surge of patents in inter-disciplinary fields is on the rise. The rules for allowing combination patents are undergoing changes in all the patent jurisdictions. Many commentators ask whether the combination inventions are 'old wine in a new bottle'.

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