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ARTICLE · 20 OCTOBER 2018

Public Participation In Examination Of A Patent!

The public participation in the process of the examination of the patent application is as old as French patent system of 1700.

IndiaIntellectual Property

The public participation in the process of the examination of the patent application is as old as French patent system of 1700. The efforts were invariably made during that time also to grant patent to the practically genuine inventions. Incidentally the expert advice of Galileo was taken as back as in 1634 to evaluate the alleged invention of a new way to determine longitude (east - west position) of a ship as asserted by the inventor, Jean-Baptiste Morin, Professor of Mathematics at the Royal College in Paris. This patent application though was denied in view of the fact that applicant had not described how to overcome the practical difficulties in making the ultrafine measurements necessary for it to work the invention but it established the earliest system of public participation in the examination of a patent application. This denial was based on Galileo's expert observation that 'this idea to be as accurate in theory, as fallacious and impossible to practice.' The

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