Legal Question in Intellectual Property in India

intellectual property rights

X, a scientist is in the way of

experimenting some new material

to tar roads. The nature of the

experiment compels him to conduct

the experiment on the road in the

public, that too very often.

Subsequently, Y another scientist,

after observing X�s experiment on

the road comes up with same

invention and claims a patent. (a)

can Y claim patent protection for his

invention (b) can X object to the

grant of patent to Y (c) can X

protect his experimental stage of

invention.


Asked on 11/20/08, 3:23 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: intellectual property rights

The authorities may issue a public notice and invite objections after patent application is received. If there is an existing result of an experiment with some scientist claiming patent, the one who is still at experimental stage may not claim any protection.

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Answered on 11/22/08, 12:19 pm


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