Working of Patents and Importation

Abstract

Working has not been defined under the Indian Patent Act. ‘Working’ has been derived from ‘work’ and ‘work’ as defined in Merriam Webster’s dictionary means that something produced or accomplished by effort, exertion, or exercise of skill, the material or piece of material that is operated upon at any stage in the process of manufacture. ‘Work’ is termed as creation, production, manufacture, employment and activities involving mental or physical effort done in order to achieve a result, according to oxford dictionary. However, in general sense, working of patent has a meaning associated with commercial exploitation of Patent that includes manufacturing as well as importation. Amid wide discussion on-going across the countries over interpretation of working of patents, there are views and counter views being put forwarded by member countries as per their interests and conveniences. In India, working of patent has decisive importance during compulsory licensing of patents and, non working may lead to even revocation under compulsory license provisions. Now this paper focuses on legal interpretation of ‘working of Patent’ as discussed in Paris and TRIPS conventions to understand as to whether mere importation of patented product amounts to working of patent or not.