Abstract

The Indian patent regime has undergone significant changes in recent years, with the country seeking to align its domestic law with the requirements of the TRIPS Agreement. However, there remain certain ambiguities in the Indian patent regime, particularly in relation to patentability standards and the protection of traditional knowledge. This paper critically analyses the Indian patent regime with reference to the TRIPS Agreement, highlighting areas of ambiguity and proposing recommendations for bringing greater clarity and consistency to Indian patent law. The paper also examines the impact of these ambiguities on the promotion of innovation and economic growth in India, as well as on the protection of public health and traditional knowledge. Overall, the paper argues that greater clarity and consistency in the Indian patent regime is necessary to ensure that the country can continue to promote innovation and economic growth while also protecting public health, traditional knowledge, and access to medicines.

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