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Concept of Prior Art in Patent Regime

Ishan Sambhar , Ishan Sambhar

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Indian Journal of Law and Human Behavior 5(1):p 46-54, Jan-Apr 2019. | DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.5119.7

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Ishan Sambhar. Concept of Prior Art in Patent Regime. Indian J Law Hum Behav. 2019;5(1):46-54.

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Abstract

Patent law is considered to be the most old and important aspect of the intellectual property regime and the concept of novelty is the most cardinal aspect while granting the patent with respect to any invention. Novelty seeks to ensure that patent should not be issued if the same invention already exists. Although gauging the novelty of simple inventions are easy but it can be difficult in case of those complex fields like biotechnology, chemistry, and pharmaceutical. For example, if a drug company seeks to patent a promising molecule that was disclosed but never physically made in the prior art, the key possession question is whether a person having ordinary skill in the art could have made it at the time of the prior disclosure. This research is an attempt to understand the basic meaning of the prior art and further look in into legal system to understand how it have been understood by the statue itself.In particular to understand how statue have defined the role person skilled in art, what is prior art and what are the aspects embodied in it. 

Keywords: Prior Art; Person Skilled in Art; Prior Publication, Anticipation.

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Ishan Sambhar. Concept of Prior Art in Patent Regime. Indian J Law Hum Behav. 2019;5(1):46-54.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.5119.7

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