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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
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 ...
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- Spring '08