Patentable Subject Matter and the Necessity of Limitations on It

25 Pages Posted: 8 Jan 2012

See all articles by Tabrez Ahmad

Tabrez Ahmad

Maulana Azad National Urdu University (MANUU)

Debmita Mondal

Kalinga Institute of Industrial Technology (KIIT University) - KIIT

Date Written: January 8, 2012

Abstract

Intellectual properties like patents are not similar to what we understand traditionally by the word property. Unlike traditional property, there is no concept of ownership in intellectual property but the concept of exclusive rights subject to certain limitations. These limitations are equally interesting as the rights that are given by state on an individual. The crux of this project is whether limitations are necessary to be imposed on patentable subject matter and if yes, what form they should take.

Patentable subject matter refers to a subject matter that is open to patenting. However, being open to patenting does not make a subject matter eligible to be patented? Such a subject matter needs to essentially pass certain tests like that of novelty, inventive step, industrial application, etc. And the grant of patent is subject to certain limitations. The aim of this article is to study the necessity of such limitations. Thus, in this research work, it is inquired that how certain inventions which otherwise are open to patenting but cannot be patented by specifically studying certain subject matters like human genes, plants, micro-organisms , traditional knowledge etc. The paper is categorized into various chapters and has been accordingly dealt with.

Suggested Citation

Ahmad, Tabrez and Mondal, Debmita, Patentable Subject Matter and the Necessity of Limitations on It (January 8, 2012). Available at SSRN: https://ssrn.com/abstract=1981650 or http://dx.doi.org/10.2139/ssrn.1981650

Tabrez Ahmad (Contact Author)

Maulana Azad National Urdu University (MANUU) ( email )

Gachibowli
Hyderabad, IN Telangana 500032
India
+918755929751 (Phone)

HOME PAGE: http://www.manuu.ac.in

Debmita Mondal

Kalinga Institute of Industrial Technology (KIIT University) - KIIT ( email )

PATIA
P.O. KIIT
Bhubaneswar, Orissa 751024
India

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