Aakash Vishwakarma, Galgotias University
ABSTRACT
Patenting an intellectual property is a need for the owner to protect himself and his ideas from others who could probably copy it. According to WIPO, “A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.” Thus a patent is a right that protects one’s idea or an intellectual property from getting copied. Also, most of the inventors dealing over the globe requires to protect this right through the countries. As a matter of fact, an inventor dealing in different countries would require to have his rights on an intellectual property be protected over all the countries and applying for patent in each and every country one by one would be a very lengthy and time consuming process and also most of the countries does not give patent protection to foreign nationals. Also providing patent to a foreign national will require the patent providing country and the foreign national’s home country to have an international treaty regarding the same. And here comes the concept of PCT (Patent Cooperation Treaty) which has been signed between 156 countries that protects the rights of the inventors throughout the globe.
The study that we are going to do will enlighten the meaning and scope of patenting an intellectual property, the need for international patent protection, the concept, requirement and scope of Patent Cooperation Treaty and mainly the change in the concept of patenting in the COVID times with reference to the waiver on patenting COVID vaccines.
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