Patenting Nanotechnology: Challenges in the path of Law

The Indian patent regime, originating from as early as 1856, has morphed into one of the most competent mechanisms of the modern era. Having been subject to remodeling and amendments of sorts since its inception, the present Indian Patent Act stands fulfilling nearly all the requirements clamped down by the globalized patent regimes, as encapsulated in the TRIPS mandate, as also the Patent Co-operation Treaty, 1970. A patent refers to the protection accorded to any new and useful invention. The quintessence of the Patents Act lies in the norms laid down, to be satisfied in order for a patent to be granted for an invention. The invention should be novel, should involve some inventive step, and should possess some degree of industrial applicability. Filing of applications, framing provisional and complete specifications, redress of infringement grievances, grant of compulsory directions, secrecy directions and revocation of patents, among several other minor topics are found within the gamut of the Indian Patent Act.

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In tandem with the changes in society, an operative change in technology has been witnessed. As newer avenues emerge, Science unfailingly throws challenge after challenge in the path of law, as each new mechanism knocks on the doors of the Intellectual Property system, seeking protection therein. Protecting some of these technologies are often grey areas in the Indian Patent system. One such avenue, which has kicked up much consternation, is the field of nanotechnology. The factor that makes nanotechnology unique is that it uses a process distinct from that of traditional forms of technology. Most  top  down  manufacturing  processes  take  the  help  of  the  top  down  process wherein  larger blocks are broken down into smaller ones.

Image Credit: innovationintextiles.com

Post Contributed By:

Ashish Ransom

Indian Institute of Legal Studies

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