India and the Patent Wars contributes to an international debate over the costs of medicine and restrictions on access under stringent patent laws showing how activists and drug companies in low-income countries seize agency and exert influence over these processes. Murphy Halliburton contributes to analyses of globalization within the fields of anthropology, sociology, law, and public health by drawing on interviews and ethnographic work with pharmaceutical producers in India and the United States. India has been at the center of emerging controversies around patent rights related to pharmaceutical production and local medical knowledge. Halliburton shows that Big Pharma is not all-powerful, and that local activists and practitioners of ayurveda, India’s largest indigenous medical system, have been able to undermine the aspirations of multinational companies and the WTO. Halliburton traces how key drug prices have gone down, not up, in low-income countries under the new patent regime through partnerships between US- and India-based companies, but warns us to be aware of access to essential medicines in low- and middle-income countries going forward.
This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world.
This book is a practical and comprehensive reference work on Indian patent law covering various aspects of patent law and focusing on relevant cases and illustrations.
It is a casebook on patent law that involves comparative jurisprudence tailored for India. The book is best described by highlighting the following features: (1) Casebook format - The casebook format suits practitioners and judges. It allows the reader to independently interpret and assess the implication of each caselaw, which forms a vital component of the practice of law. The reader is assisted towards this objective by only containing extracts of the relevant portions of the judgment. Even from an academic perspective, it provides an unfiltered view of the law, better than any unnecessary prose. (2) Comparative approach - For each topic of patent law, the book would provide a single point congregation of the relevant Indian provisions and extracts from relevant caselaw across India, the UK, the EU and the USA. This approach is ideal for India, where jurisprudence on the subject is limited. Courts, practitioners, and the Patent Office often resort to such a comparative approach to learn from the experiences of other jurisdictions. (3) Notes - Author's notes before and after each caselaw or topic fulfil four purposes: (i) set the context for the reader; (ii) critique the caselaw or to bring focus on to issues that arise in practice; (iii) contextualize the discussion to the Indian statute; and (iv) examine the historical perspective, including the legislative history. (4) Focus on law - it is a no-nonsense, no-rhetoric book, focussing on the law, its interpretation and application.
The growing presence of technology has created significant changes within the healthcare industry. With the ubiquity of these technologies, there is now an increasing need for more advanced legal procedures. Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical field. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.
Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives.
How to take your innovative ideas from idea stage to granted Patent in India in quickest possible time. Best practices to save costs and time while working with a patent agent or patent attorney for your invention and making money with your patented invention. This is a step by step, Easy to understand guideline on filing patent in India for your invention. This book is most valuable for business owners, entrepreneurs, research and development professionals and working employees who continuously come up with * Innovative ideas, * new ways to solve a problem, * do research in specific domain or * new improvements in existing systems to make it more efficient and cost effective.Outcome expected from Patent protection is, "We want our innovative ideas and inventions to have broadest possible protection, ensuring the ideas is protected from all possible angles such that competitors should not be able to work around our invention without infringing on our patent" So that we can protect our products and services by Patent from competition and hence can monetary benefits or profits.This book answers most common questions like; How to file patent in India, cost of getting patent in India, steps and procedure to obtain patent. and goes in to granular details from inventors perspective for steps involved in proceeding with an innovative idea to a patent granted for that invention. The outline of book:Patent basics:* Definition and law for patent what can we learn from it * What is an invention * What can be patented and what cannot be patented in IndiaIdea incubation Phase: * How to identify innovative ideas with potential to win patent* How to get absolute clarity on your idea, being specific.* How to do a preliminary search also called patentability search or novelty search* How to review the results you got from this preliminary search* when to get encouraged and when to get discouraged for going ahead for patent filing based on results* Creating Final Draft of invention disclosure* Mistakes to avoid in Idea incubation phase Action items, checklist, worksheet for Idea incubation phase that will help you to create your complete invention disclosure.How to save time and costs while working with a patent agent or attorney:* Non disclosure Agreement* how to Proactively speed up the patenting process * how to be ready with expected information at appropriate stages Patent drafting or Patent writing: * How patent attorney works on your invention disclosure* Call or meeting with patent attorney after sharing invention disclosure* How to confirm the understanding of the invention and commercially important aspects to be claimed* Opinion about patentability* Making decision to go ahead with patent filing based on results* Important rules for patent claims, detailed description, drawings, references, title, Abstract etc.* Covering all possible embodiments* How to ensure that the patent application is written to provide broadest possible protection for your innovative idea Different options, paths and strategies for Filing patent application: * Filing Provisional patent application in India, when to go for provisional patent application, costs involved and advantages.* Complete patent application* International patent application, different options and routes available for filing international patent in desired countries * Patent Cooperation Treaty (PCT) application The ideal way to proceed with your invention after patent filingWhat are benefits of patent pending status?Grant of patent: What rights you can practice on grant of patentDifferent strategies to monetize your patent that is making money with your patentPatent infringementPatent enforcementPatent of addition and improvementsPatent renewalsDeciding about royalties or selling patent
Patents are a key component of intellectual property and vital to the process of innovation. They serve multiple uses. One is to reward inventors and motivate them to create inventing for the betterment of society, inculcating a culture of innovation. Another is to protect inventors from getting their ideas stolen and profited from by unscrupulous people. In this book we introduce the laws related to patents and Intellectual property in India, as well as an overview of patenting and filing process. We also discuss some tips on how to make a good patent.
