Patentable Subject Matter and the Necessity of Limitations on It
25 Pages Posted: 8 Jan 2012
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.
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