Patent Law

Patents That Actually Work ๐Ÿญ


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๐Ÿญ The Patent Reality Check

๐ŸŒŸ Imagine spending years developing a revolutionary cure for a rare disease, only to discover your patent is worthless because you can't actually manufacture it! This episode dives deep into why having a brilliant idea isn't enough - your invention must pass the "industrial application" test.

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” Why time machines and perpetual motion devices never get patents (even if they're theoretically possible)
  • โš–๏ธ The difference between getting a patent and actually keeping it valid
  • ๐ŸŽฏ How Section 83 of India's Patent Act protects consumers from monopolistic practices
  • ๐Ÿ’Š Why importing drugs isn't always enough to satisfy patent requirements

๐Ÿš€ Real Cases Discussed:

  • ๐Ÿ’Ž Vishwanath Prasad Radheshyam vs. Hindustan Metal Industries - The Supreme Court case that made "utility" a patent requirement
  • โญ Bayer Corporation Nexavar Drug Case - When a cancer drug patent led to compulsory licensing because of inadequate local manufacturing

๐ŸŽฏ Key Takeaways for Inventors:

  • ๐Ÿ—๏ธ Your invention must be manufacturable at commercial scale, not just theoretically possible
  • ๐Ÿ“ˆ Patent holders must actively work to make their inventions available to the public
  • ๐Ÿค Licensing partnerships can be a smart strategy for smaller inventors without manufacturing capabilities
  • โšก Simply importing products may not satisfy India's "working" requirements

๐ŸŽ™๏ธ This episode perfectly balances innovation rights with public access - essential listening for anyone curious about how patents really work in the real world!

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Patent LawBy Sharad Bansal