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The Access RegimePatent Law Reforms for Affordable Medicines$
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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

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Patent System, Constitution, and the Public

Patent System, Constitution, and the Public

(p.3) 1 Patent System, Constitution, and the Public
The Access Regime

Feroz Ali

Oxford University Press

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

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