Shantanu has invented a chemical formulation which may cause serious health issues to the public. He wishes to get the patent registered for his invention. Referring the provisions of Patents Act, 1970, examine the valid
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2023
Shantanu has invented a chemical formulation which may cause serious health issues to the public. He wishes to get the patent registered for his invention. Referring the provisions of Patents Act, 1970, examine the validity of patent application of Shantanu for his invention.
Answer & Explanation:
Section 3 of the Patents Act, 1970, stipulates that any invention which is injurious to public health, is not patentable. In the given case, Shantanu has invented a chemical formulation which may cause serious health issues to the public. Hence, in terms of the above-mentioned provision of the Patents Act, 1970, the patent application of Shantanu for his invention is invalid.
Topics: Intellectual Property Rights
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