Jump to ContentJump to Main Navigation
The Access RegimePatent Law Reforms for Affordable Medicines$
Users without a subscription are not able to see the full content.

Feroz Ali

Print publication date: 2016

Print ISBN-13: 9780199463480

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780199463480.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 21 July 2018

Patent System, Constitution, and the Public

Patent System, Constitution, and the Public

Chapter:
(p.3) 1 Patent System, Constitution, and the Public
Source:
The Access Regime
Author(s):

Feroz Ali

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199463480.003.0001

Patent rights by their very nature are rights in rem that can be enforced against the public at large. But, surprisingly the grant of such rights is not subjected to public determination. In the modern world, patent rights flow from domestic constitution and the patent system is dependent on and reflective of the nature of the constitutions. This chapter juxtaposes the constitutional value on patent laws in the US and India. The distinction between the information in the public domain and the information brought forth by the inventor is the hallmark of the patent granted to the inventor. This chapter explains the term Public in relation to the field of patent law and explains the role of the public in the grant and enforcement of patent rights. This chapter also analyses an episode in history where the patent system moved from working models to written specifications as a proof of invention.

Keywords:   patents, constitution, public, democracy, invention, prior art, nonobviousness, patent office, United States, textualization of invention

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .