IP and the Crazy World of Rights!

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Section 64 of the Indian Patent Act, 1970 states that a patent would lapse if its registration is not maintained for a period of four years from the date of grant by making an address for service or other correspondence in India. What would happen if an applicant has no intention of doing business in India, but still wants to maintain their patent?

A) Patent would lapse B) Patent would continue to be valid C) Patent would require to be converted to a PCT application D) Patent would remain suspended

What's your answer and why? I first thought it was A) Patent would lapse, but then I realized, what if the inventor is abroad and has no intention of doing business in India, but still wants to protect their rights?

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Divya ยท CLAT Prep

Yaar, I fully agree with you on the complexities of IP rights in India. Have u guys thought about how patents for Ayurvedic remedies are affected by foreign companies trying to register similar products? It's like, how can we balance innovation with traditional knowledge? We need more clarity on how to deal with cross-cultural IP issues.