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ARTICLE · 08 FEBRUARY 2016

The Road Ahead After Patent Grant

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The number of patents granted in a country does not contributes as much to its economic and technological development or to its standard of living as "working of patents" does.

IndiaIntellectual Property
Lucy Rana
Lucy Rana
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The number of patents granted in a country does not contributes as much to its economic and technological development or to its standard of living as "working of patents" does.

Patent is a strong right, granting the patentee an exclusive right to prevent any unauthorized person from making, selling, offering for sale or importing the patented product or process provided that the invention satisfies the criteria of novelty, inventive step and industrial applicability. In return, the Patent Office expects the patentee to disseminate the inventive knowledge to the public and work the patented invention to the fullest extent.

LEGAL OVERVIEW

Section 83 of the Indian Patents Act refers to the general principles applicable to working of patent and assists in understanding the term "working" in India. Section 83 (a) states that the patents are granted to encourage inventions and to secure that the inventions are worked in India on commercial scale to the fullest extent

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