Legal Question in Intellectual Property in India
patent law
what are the differences between the procedure regarding grant of patent in u.s, u.k and india?
2 Answers from Attorneys
Re: patent law
The Procedure is more or less the same except the opposition proceedings. US does not have pre-grant opposition whereas India has both pregrant and post grant opposition.
The main difference is about "inventive step". The ground to assess is different for these jurisdictions.
Re: patent law
Every country has their own patent regime to protect the inventor's rights and interests within the territory of the nation. The TRIPS (Trade Related Intellectual Property Rigths) provides the minimum standard of intellectual property protection in the all the signatory countries. All signatory countries of the TRIPS follow the minimum standard of protection. So the basic regime of the protection is almost similar in all the countries. There are the differences in the patent grant procedure in various countries because patent is a territorial right.
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