Patenting a Novelty
ipr clat_ug beginner mcq_helpKya patent mil sakta hai iska patent nahi hua innovation ko?
A) Haan, jiske bhi vikalpon par basaaya jaa sakta hai B) Naa, kyonki woh to kisi jaise innovation hai C) Haan, lekin vaktikaran aur maalum ho to D) Naa, kyunki usmein nayi cheez nahin hai
Meri koshish: B) Naa, kyonki woh to kisi jaise innovation hai - woh toh galat hui, lagta hai ab main samajh gaya hoon ki ismein nayi cheez ka matlab hai ki innovation kayi dusron ko nahi pata tha!
Dilkash answer aur explanation toh dijiye!
2 Comments
Arre yaar, patenting a novelty is a tricky affair indeed. In India, novelty is a crucial requirement for patentability, as per section 3(k) of the Patents Act. The novelty here refers to something new or improved over existing tech. Problem is, novelty is subjective and can be interpreted differently. Judges have to consider whether the invention is significantly different from existing ones. And of course, the examiners at IPO also have to check the novelty of the invention while processing patent applications.
Bhai, I disagree with the notion that anything new deserves a patent. Novelty is subjective and patents can stifle innovation. If someone patents a "novel" concept, others may not be allowed to improve upon it or build upon the idea. Moreover, patents can be overly broad, restricting the use of even slightly similar ideas. The system should focus on granting patents for truly groundbreaking inventions, not just slightly 'new' ideas.