The Law of Patents: With a Special Focus on Pharmaceuticals in India 2009

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The Law of Patents???With a Special Focus on Pharmaceuticals in India represents the fascinating interface between science and law. It is essentially the study of how a patent specification is understood and interpreted. As a techno-legal document, a patent specification embodies the challenges of both science and law in that it seeks to protect the rights in an invention and explain the scientific advancement it makes. And what is true in science is true in law as well: the controversies constantly revolve around differences over the meaning of words. In 23 topic-oriented chapters, this book explains the law of patents in India and addresses the issues faced by inventors, patent owners, licensees, patent agents, patent examiners, lawyers, and judges in dealing with patents. It retains familiarity with the Patents Act 1970 and Patents Rules 2003 as the chapters are drawn and structured around the provisions of the Act and the Rules. It contains a detailed commentary on all aspects of the law with an analysis of Indian and foreign decisions. This book presents the law in the light of the post-TRIPS amendments and argues for interpreting the patent law in the light of the flexibilities offered by the TRIPS Agreement. It covers the major changes in patent law, including the Patents (Amendment) Act 2005 and the Patents (Amendment) Rules 2006. It also incorporates the recent case laws notably the cases on Novartis-Gleevec Exclusive Marketing Rights and Novartis-Gleevec Patent Application. This book has a special focus on pharmaceutical patents as the law provides for various provisions which may be used more often by pharmaceuticals companies. The provisions under the Patents Act 1970 on selection patents, novelty of use, Swiss form of claims, patentability of pharmaceutical and biotechnological inventions, exclusive marketing rights, pre-grant opposition, compulsory licensing, export of pharmaceutical products, bolar exemptions, parallel importation etc are also discussed. About the Author Feroz Ali Khader is author of The Touchstone Effect: The Impact of Pre-grant Opposition on Patents, a book which guides businesses to develop an in-house, efficient and cost-effective strategy for challenging patents before their grant. He has an LLB from Calicut University, an LLM from National Law School of India University, Bangalore and an LLM from Trinity College, University of Cambridge, United Kingdom. When he is not involved as an advocate in contentious proceedings, he is engaged in lecturing, teaching and conducting workshops on patent law and practice. Table of Contents Chapter 1.Patent as an Intellectual Property Right Chapter 2.Patentable Inventions Chapter 3.Pharmaceutical Inventions Chapter 4.Biotechnological Inventions Chapter 5.Specification Chapter 6.Construction of a Patent Chapter 7.Patent Application Chapter 8.Exclusive Marketing Rights Chapter 9.Grant of a Patent Chapter 10.Amendment of a Patent Chapter 11.Term of a Patent Chapter 12.Patent Office, Appellate Board and Central Government Chapter 13.Opposition Proceedings Chapter 14.Grounds of Opposition Chapter 15.Revocation Proceedings Chapter 16.Grounds of Revocation Chapter 17.Declaration of Non-infringement Chapter 18.Threat of Infringement Chapter 19.Infringement of a Patent Chapter 20.Infringement Proceedings Chapter 21.Transfer of a Patent Chapter 22.Compulsory Licences Chapter 23.Use and Acquisiton of Inventions by Government