Sunday, December 23, 2012

Compulsory Licensing To Generic Drugs - A Lifeline To A Patient

Compulsory Licensing To Generic Drugs - A Lifeline To A Patient
Grant of Patent and Compulsory Licensing in India
‘Patent’ is a grant made by the government to an inventor, conveying and securing him the exclusive right to make, use and sell his invention for a term of 20 years.3 The object of the patent law has been explained by the Supreme Court in M/s. Bishwanath Parsad Radhey Shyam v. Hindustan Metal Industries as follows: The object of patent law is to encourage scientific research, new technology and industrial progress. The grant of exclusive privilege to own, use or sell the method or product patented for a limited period, stimulates new inventions of commercial utility. The price of the grant of the monopoly is the disclosure of the invention at the patent office, which after the expiry of the period of monopoly, passes into public domain. A patent is granted only for an invention which must be new and useful. It must have novelty and utility.
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