Published Online:October 2025
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:IUPLR021025
DOI:10.71329/IUPLR/2025.15.4.15-29
Author Name:Anuj Shukla and Govind Gehlot
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:15-29
Patents are generally safeguarded by the international TRIPs agreement. However, exceptions to patentability exist concerning the subject matter, such as considerations of ordre public and morality. These exceptions can present challenges, sometimes arising from decisions made by the Patent Office or government bodies. This paper delves into a comprehensive exploration of what constitutes ordre public and examines how these two exceptions have influenced the denial of patent grants in India. Furthermore, it examines the legal frameworks of the US and the European Union, particularly with regard to these exceptions to patentability within their respective domestic laws. The paper also analyzes the judicial trends, observing how courts have interpreted the exceptions related to the subject over time. It illuminates how legal systems establish boundaries on patentability, including exceptions rooted in conflicts between the commercialization of certain inventions and social or moral values. However, the challenge lies in effectively implementing these criteria. This raises questions about how patent offices or courts can accurately assess whether an invention seeking patent protection is immoral or contrary to patent principles.
In this rapidly evolving landscape of technology and innovation, Patent law serves as a crucial mechanism by offering exclusive rights to inventors for their novel creations and also by rewarding their creativity and fostering technological advancement, adding to economic dynamics. However, the intersection of innovation and novelty has to be equated with public interest considerations often.