24-May-2013
07:26:40 IST
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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.12 [2007] >
JIPR Vol.12(1) [January 2007] >
| Title: | Patenting in the Emerging Fields of Technology |
| Authors: | Kardam, K S |
| Keywords: | Intellectual property
International Depository Authority
Biotechnological inventions
Bioinformatics
Telecommunication |
| Issue Date: | Jan-2007 |
| Publisher: | CSIR |
| Abstract: | This paper analyses various provisions of the Patents Act, 1970 as amended upto 2005 and the procedure provided for the protection of inventions in the emerging fields of technologies such as biotechnology, bioinformatics, agricultural biotechnology, computer related inventions, communication, nanotechnology, etc. The patent rights being territorial in nature are enforceable within the country, which grants the patent. India follows more or less global standards for patenting any invention. The non-patentable conditions generally differ from country to country and therefore, differentiate certain subject matter for patenting. Now by virtue of amendments in the Patents Act, 1970 in 2002 and 2005, product patents can be granted for pharmaceuticals, agrochemicals, food and chemicals. It is also now possible to grant patent in the field of biotechnology, particularly, for living substances, such as, vaccines, monoclonal antibodies, new diagnostics using microorganisms, polymerase chain reaction (PCR) technology, gene sequencing, etc. However, living material including microorganisms occurring in nature are excluded from patenting under the law. In case of computer related inventions involving software, it is possible to grant patent for embedded software provided there is a technical application. |
| Page(s): | 15-29 |
| ISSN: | 0971-5544 |
| Source: | JIPR Vol.12(1) [January 2007]
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