Article by Pavit Singh Katoch, Advocate Delhi
High Court, Associate, Intellectual Property Laws Division, Vaish
Associates Advocates, New Delhi India
Introduction
The intellectual property system is based on the utilitarian
principle that it promotes the progress of science and useful
arts.1 Patent is the strongest right in the intellectual
property system as it gives an exclusive right to make, sell or use
the subject matter of the Patent through its term of protection.
Patent means open and is derived from the term
"Letters Patent"2, which simply means
open letters. These were the official documents which granted
certain privileges, rights, ranks or titles to the holder of the
document.3 Patents were originally granted to promote
transfer of technology, especially the domestic application of
foreign technologies and dissemination of new technologies in the
country granting patent. Local Working requirement and Compulsory
licenses enable the Countries granting
