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Legal aspects of patent 'working' in India

This article was originally published in Scrip

Executive Summary

The internationally accepted definition of 'working a patent' means commercial exploitation of the invention embodied in the patent. India's patent law says that "patents are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article". This has led some experts to suggest that local production of some nature is essential to establish 'local working of patent' and that mere importation will not suffice.






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