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THE PHARMA REVIEW (JAN FEB 2019)

Working Statements in the Indian Patent System - A Balance of Interests

Sridevi Krishnan

Introduction:

Abstract: The Indian Patent System attempts to balance the interests of varied sections- the patentees, licensees, start-ups, small and large entities; with the maximum relevance being given to public interest. The current article examines Section 146 and Section 122 of the Indian Patent Act, which makes it a mandatory requirement that every patentee and every licensee of a granted patent has to file a statement as to the extent to which the patented invention has been worked on a commercial scale in India. The article analyses this provision in terms of growth of licensing opportunities, the current non-compliance prevailing and the possibility of evolution to new standards of compliance.

 

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