The document discusses intellectual property, patents, and the patent system as it relates to the pharmaceutical industry. It defines intellectual property and patents, noting that patents provide exclusive rights for a limited time. It outlines criteria for patentability including novelty, inventiveness, and commercial value. It states that the pharmaceutical sector is a major user of patents to protect drugs and restrain competition. However, the patent system can sometimes block competition and require medical inventions to undergo clinical testing.
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Term paper (presentation) 2- The Patent System In India
2. INTELLECTUAL PROPERTY
DISCOVERY,INVENTION & INNOVATION
PATENT
CRITERIA FOR PATENTIBLITY
NON PATENTABLE
PATENT SYSTEM IN PHARMACEUTICAL
INDUSTRY
PROBLEMS OF PHARMACEUTICAL
PATENTS
3. CREATION OF
MIND
INTANGIBLE
INCORPORATE
PROPERTY
IMBIBED FROM THE
INTELLECTUAL
CAPACITY
FOR WHICH
PROPERTY RIGHTS
ARE RESERVED
4. DISCLOSURE
CREATION
OF A NEW
PRODUCT/PROCE
SS
ADDING TO
THE VALUE
OF AN
EXISTING
PROUCT
5. SET OF EXCLUSIVE
RIGHTS
SUBJECT TO
NATIONAL LAWS
AND
INTERNATIONAL
AGREEMENTS
6. DIFFERENT FOR
DIFFERENT
COUNTRIES
HAVING A SPECIFIC
DURATION
A PRECURSER OF THE
MODERN COPYRIGHT
7. NOVELTY
INVENTIVENES
S
COMMERCIAL
VALUE
8. METHOD OF AGRICULTURE
A PROCESS OF MEDICINAL,SURGICAL OR
CURATIVE TREATMENT
PLANTS AND ANIMAL AS A WHOLE OR A
SPECIFIC PART OF IT ( MICRO
EX
ORGANISMS)
A MATHEMATICAL METHOD
A
LITERARY,DRAMATIC,MUSICAL/ARTISTIC
WORK
A PRESENTATION OF INFORMATION
INVENTION RELATED TO ATOMIC ENERGY
9. PHARMACEUTICAL SECTOR MAJOR
USER OF PATENT SYSTEM
THOUSANDS OF APPLICATIONS ARE
FILED ANNUALLY
USED TO RESTRAIN COMPETITION AS
PATENT GRANT EXCLUSIVE RIGHTS
REGARDING THE SALE,PRODUCTION &
USE OF THE PATNTED MATTER
THOROUGH STUDIES ARE CARRIED
OUT BEFORE GRANTING A
PHARMACEUTICAL PATENT
10. EARLY DISCLOSURE OF INVENTION
UNDER GOVERNMENT INFLUENCE
MEDICALINVENTION ARE
REQUIRED TO UNDERGO A STRICT
REGIME OF CLINICAL TESTS
11. o WHETHER SUBJECT TO TRIPS
AGREEMENT OR NOT, COUNTRIES CAN
DETERMINE THEIR OWN CRITERIA TO
ASSESS PATENT APPLICATION
o PATENT SYSTEM CAN SOMETIMES BE
USED TO BLOCK COMPETETION
o ONLY INVENTIONS HAVING A
COMMERCIAL VALUE, REQUIRING AN
INVENTIVE STEP AND POSSESSING
NOVELTY CAN BE PATENTED
o PHARMA SECTOR IS A MAJOR USER OF
PATENT SYSTEM
12. DR. AJIT VERMA
DIRECTOR, AMITY
INSTITUTE OF
MICROBIAL SCIENCES,
Discoveror of a fungi for
which Amity has a patent.