Consider the following statements with respect to Secondary Patents 1 It is the act of granting pate...........

Science Affairs Intellectual Property Rights (IPR)

Consider the following statements with respect to Secondary Patents:

1.It is the act of granting patents to a novel product after the expiry of its initial period of patents.

2.The Indian patent laws have historically denied secondary patents and so far not a single secondary patent has been issued in India.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

Statement 1 is incorrect. Secondary patents, also known as follow-on patents or improvement patents, refer to patents granted for improvements or modifications to an existing invention. They are not granted after the expiry of the initial patent period but rather during the term of the original patent or after it has expired.

Statement 2 is incorrect. While Indian patent laws have been cautious about granting secondary patents, they have not historically denied them outright. Secondary patents have been granted in India, although the criteria for granting them may be stringent, especially to ensure that they do not stifle innovation or competition.

Therefore, the correct option is 4. Neither 1 nor 2.