Working Requirements In The Patent System: A Critical Analysis

Abstract

The condition that the patentees must satisfy the reasonable requirements of the public is an accepted principle under the patent law regimes. This is a significant legislative tradition of the IP system and none of the developed countries have departed from this key norm. The working requirement is one of the major tools for a developing country to balance its international commitments and domestic development needs. The existing system points out the need to be specified and harmonize the concept in international agreements with a global welfare perspective that could be adopted by national legislation. The purpose of having a ‘working requirement’ under a patent system is to ensure access to the patented product and the technology which would be disclosed after the term of protection is over. This paper critically explains Working Requirements’ in the Indian Patent System.

Keywords: Working of Patents, Indian Patent Act