Patent law around the world provides substantive provisions supplemented by procedural requirements to ensure that frivolous patent applications that lack innovation or those that do not fulfill broad public interest, are prevented from maturing into a patent. It is a concern of every country’s legislative body whether the procedural arm of patent law is efficient enough to filter out frivolous inventions and protect its national interests. In Indian Patents Act, 1970 (the Act), although the legislature has ensured extensive examination of a patent application as envisaged in Sections 12 & 13, it does not warrant the validity of any patent. This may be because of the inherent frailty in the examination process.

Click here to continue reading the article by Associate Manish Aryan and Associate Partner Varun Sharma of Lex Orbis

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