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Exploring The Concept Of Non-Obviousness Under The Indian Patent Law




Prajna Dasmohapatra, LLM (2023-2024), Hidayatullah National Law University


ABSTRACT


Patents reward groundbreaking ideas, not just novel ones. This paper explores the crucial concept of inventiveness in Indian patent law, the key to distinguishing truly innovative inventions from obvious tweaks. While novelty ensures an idea is fresh, inventiveness assesses its level of non- obviousness compared to existing knowledge. This subjective element acts as a filter, granting patents only for significant advancements.


The paper highlights the challenges of assessing inventiveness and its critical role in fostering true innovation by preventing patents for minor improvements. This requirement, known as "inventive step" or "non- obviousness," is a global thread with varying interpretations. Delving into Indian law, the paper defines inventive step, analyses tests used to assess it, and examines how it's applied considering the knowledge of a skilled professional. It explores the limited role of commercial success in determining inventiveness. Finally, the paper critically evaluates the efficiency of the Indian legal framework in keeping pace with technological advancements and ensuring patents are granted for genuine inventiveness, drawing insights from landmark judgments.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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