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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