AEM_3350_lecture_16_SP_09 - AEM 3350: PATENTS General...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: AEM 3350: PATENTS General concept of patents same as PVP Temporary, limited monopoly Exclude other from use Invention protected only where allowed and sought Evaluation ( examination ) of applications Compulsory licenses AEM 3350 Requirements for protection : Novelty ( Absolute/grace period ) Nonobviousness ( Inventive step ) Utility ( Industrial application ) Description (written, possibly sample) AEM 3350 `Forms of Patents / strength of Protection Per Se Use Improvement Product by process Process AEM 3350 Main differences from PVP : 1- Applies to a broad range of subject matter 2- Exclude subject matter 3- Research exemption based on case law AEM 3350 Main differences from PVP Cont. 4- Examiner has discretion ( manual ) 5- Examiner must provide evidence for rejection AEM 3350 PATENTS: For protecting the invention ( Gene Construct ) PVP insufficient Could patent the plant variety - but excluded in India AEM 3350 Pharmaceuticals can get product patents Compulsory License (after 3 years): Revocation (after 5 years): requirements of public not satisfied not available at reasonable price not `worked' in India Indian Patent Act major differences ...
View Full Document

Ask a homework question - tutors are online