Law of patent inventions

Indian Patent Law On Biotechnological Inventions

APBN • Vol. 4 • No. 4 • 2000 79 Provisions of the Patents Act, 1970 Unlike the patent laws of most developed and even some developing countries, the current patent law in India, viz. the Patents Act, 1970, does not explicitly exclude or include any biological matter. For instance, the European Patent Convention explicitly excludes the patenting of plant and animal varieties and essentially biol...

Patent law protection of inventions in medicine and pharmaceutical industry.

Simply saying, inventions represent new solutions to technical problems. The word “technique” means “restraining of natural forces and controlled use of natural phenomena” , that is “human activity in the field of material phenomena characterized by space, time, matter and energy” . Thus, the technique is, actually, human activity to master and control nature. Once the domain of technique was c...

analysis of contract law of commercial expectations in patent license

In this research, protection of commercial expectation has been examined. The main question is how we could identify and assess existence of commercial expectations. In response, commercial expectation are acquisition of expectable benefit in market, mass production, absence of technical failure in licensed knowledge and so on. Therefore, it is essential to response by analysis of contract law ...

Patent Theory versus Patent Law

According to the economic theory of patents, patents are needed so that pioneer firm have time to recoup their sunk costs of research and development. The key element in the economic theory is that pioneer firms have large, hard to recoup, sunk costs. Yet patents are not awarded on the basis of a firm’s sunk costs. Patent law, in fact, ignores costs. The disconnect between patent law and patent...

A Case for Expansive Patent Protection of Biotechnology Inventions