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JIPR Vol.09(4) [July 2004] >

Title: Research Exemptions in Patent Law
Authors: Chakravarthy, Kalyan
Pendsey, Nandan
Keywords: Research exemptions
patent law
drug approval
patented invention
philosophical use
idle curiosity
research and experiment
Issue Date: Jul-2004
Publisher: CSIR
Abstract:  Providing exemptions from infringement for research on patents is equally important as granting exclusive rights to inventors. Both play a crucial role in encouraging the progress of science and technology. While exclusivity in patent rights encourages invention and innovation by providing economic incentives, exemptions for research encourage innovative improvement, testing and use of patented inventions. Research exemptions boost competitive spirit and promote further development in targeted fields of technology. In order to achieve efficient progress in science and technology, a proper balance must be struck between the patentee's rights and the exemptions granted for research. Various countries have been struggling to draw a line that defines the proper balance. The US allows a very narrow exemption for research that is limited to philosophical use and idle curiosity, but a much wider exemption is available under Indian patent law. In both USA and India, generic drug companies enjoy an exemption for research in order to develop information for drug approval, but the scope of exemption varies distinctly. This paper comparatively describes the patent law on research exemptions in India and USA with an intent to point out the differences and to suggest an ideal law that would properly balance the interests of research and exclusivity in order to achieve optimum progress in science and technology.
Page(s): 332-341
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.09(4) [July 2004]

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