Patent_infringement___its_remedies_in_India___UK.rtf.doc -...

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GENERAL INTRODUCTION INTRODUCTION A human endeavour which promotes Social, Economical, Scientifical or Cultural Development of the society must be encourage and the creator or the innovator needs to be rewarded by suitable legal protection for his intellectual creation. Consequently Intellectual Property Right are those legal rights which govern the use of creation of Human Brains. Protection of Intellectual Properties is a very critical element in the offshore business model.A human being is the sole proprietor of his brains and even law gives him a proprietor right in it. Property has always been a symbol of power and strength for every individual and that is why every individual tries to maximise his property. John Locke had pointed out, a person has his property, two things:- 1) The person himself or to say the human body. 2) The skill of doing labour with his body and the work of his hand. The patent system is designed to encourage inventions that are useful to society by granting inventors absolute right to make profit from their inventions. But patents cannot protect each and every person who conceives an invention. Hence an invention must fulfill certain criteria to be patentable. Patentability refers to the substantive conditions that must be met for a patent to be held valid. As patent laws are different in different countries, the patentability criteria also vary from country to country. The invention must satisfy the requirements under the context of a national or multinational body of law to be granted a patent. Although the patentability criteria differ from country to country depending on the law of the land, there exists some commonality between them. In order to be patentable, an invention must be novel, have utility, and differ from what skilled users might expect. These standard requirements are given different shapes by the legislative and judicial systems of different countries. Let’s discuss how the criteria are interpreted in different countries. [1] Page | 1
A patent is a contract between the inventors or applicant for the patent and the State, whereby the inventor or applicant gets a monopoly from the State for ascertain period in return for disclosing full details of the invention. The patent system thus ensures that information on new inventions is made available for eventual public use so as to encourage technical and economic development and discourage secrecy. If an inventor or company has an invention, which they consider to be novel and inventive, they may apply for a patent. This may be granted only after a detailed examination by a patent office. Once the patent is granted the inventor or Applicant has the sole right to make, use or sell the invention for a limited period.

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