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ARTICLE · 02 JUNE 2020

Understanding The Proof Of Right Requirement For Making Patent Applications In India

As a quid pro quo for disclosing their innovation, an exclusive right to prevent others from making, using, offering for sale, selling or importing, without proper permission...

IndiaIntellectual Property

As a quid pro quo for disclosing their innovation, an exclusive right to prevent others from making, using, offering for sale, selling or importing, without proper permission, is granted by the government in the form of a Letters Patent to an innovator of the innovation. This monopoly, granted to the innovator, serves as a rightful reward for their contribution in bringing advancement in the society.

In the existing scheme of things, a majority of these innovations originate from the Research and Development (R&D) labs/units of universities and enterprises, such as Multi-National Companies (MNC). Speaking statistically, as per the last annual report published by the Indian Patent Office (IPO), out of the 48000 patent applications that were filed in India in the year 2017-18, approximately 83% were made by entities other than Natural persons. These entities include startups, small entities, and entities other than startups and small entities, or what in other words

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