TRIPs and the issue of Biotechnological Patents
Tiwari, Manwendra Kumar
Patent law screens innovations with four basic tests, subject-matter, non-obviousness, novelty and utility Subject-matter involves a balancing of policy evaluation of the competitive possibilities against the received "value" of art or industrial sector, the value of continued competition, and the price the public must expect to pay. Of the three remaining tests only non-obviousness presents the kind of serious dispute also inherent to the sub...