Denying Patentability of Scientific Theories

Abstract

337-346In general, intellectual property systems do not protect ideas but only their practical applications. To grant protection, patent law imposes stringent checks like novelty, non-obviousness, and utility, while copyright law involves a lower threshold of originality. Patentability determinations have undergone considerable disarray over the last few decades. The question to be answered is whether pure science has become patentable as against scientific development even as legal reforms have tightened the standards for patentability narrowing it to reduce the scope of patent-eligible subject matter and to make patents harder to acquire (thus easier to invalidate) based on obviousness. Can simple advances in science and its methods be regarded as patentable or should there be significant progress for satisfying patentability criteria is a question that needs to be answered. </span