The Law Of Patents-With A Special Focus On Pharmaceuticals In India

The Law of Patents With a Special Focus on Pharmaceuticals in India represents the fascinating interface between science and law. It is essentially the study of how a patent specification is understood and interpreted. As a techno-legal document, a patent specification embodies the challenges of both science and law in that it seeks to protect the rights in an invention and explain the scientific advancement it makes. And what is in science is in law as well: the controversies constantly revolve around differences over the meaning of words. In 23 topic-oriented chapters, this book explains the law of patents in India and addresses the issues faced by inventors, patent owners, licensees, patent agents, patent examiners, lawyers and judges in dealing with patents. It retains familiarity with the Patents Act 1970 and Patents Rules 2003 as the chapters are drawn and structured around the provisions of the Act and the Rules. It contains a detailed commentary on all aspects of the law with an analysis of Indian and foreign decisions. This book presents the law in the light of the post- TRIPS amendments and argues for interpreting the patent law in the light of the flexibilities offered by the TRIPS Agreement. It covers the major changes in patent law, including the Patents (Amendment) Act 2005 and the Patents (Amendment) Rules 2006 and contains all relevant statutory material including the PCT, TRIPS Agreement and the Doha Declaration on Public Health. It also incorporates recent case laws, notably the cases on Novartis-Gleevec Exclusive Marketing Rights and Novartis-Gleevec Patent Application. This book has a special focus on pharmaceuticals patents, as the law provides for various provisions which may be used more often by pharmaceuticals companies. The provisions under the Patents Act 1970 on selection patents, novelty of use, Swiss form of claims, patentability of pharmaceutical and biotechnological inventions, exclusive marketing rights, pre-grant opposition, compulsory licensing, export of pharmaceutical products, bolar exemptions, parallel importation, etc, are also discussed.