Abstract

IP protection is a negative right as it stops people from infringing the granted IP and let the innovator enjoy the monopoly for certain period. With the emerging competitive world, the importance of protecting the ideas, innovation, and creation is imperative. Companies, Universities, Inventors all over the world are investing lot of time and money to protect their intellectual properties. Companies are driven with the thought of enjoying monopoly and ultimately the monetary benefit, but what goes behind this is a huge process. The process of bringing that product from Lab to market with Patent and trademark is not easy. With all the technical knowledge playing important role in the process, the main aspect will always be the protection of the innovation and research outcomes. The study below will put a clear construal especially for the scientific community as it can be very hard on them considering the intricacies. The study’s focus is on and for the researchers, scientist, and academicians to make them appreciate their inventions and its patentability scope in different jurisdictions (India, US and Europe). The study focuses on grey subject matters in the field of Patent Law: living organisms, medical devices and procedures, software in above mentioned jurisdictions. The study aims to make it easy for all those aspiring filers (willing to file a patent application) to better understand the patentable and non-patentable subject matters in India, US, and Europe. Here, the study will compare the set laws in these countries and read between the lines to understand the inference and construction in detail.

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