n Without Prejudice - Examining examination : intellectual property

Volume 13, Issue 7
  • ISSN : 1681-178X



Arguments to the effect that such a practice is undesirable because there are situations where exclusivity is granted for unpatentable subject matter resulting in competition in the market being unfairly limited, are valid. However, proponents should consider that the option remains for third parties to challenge the rights if they feel that they were undeservedly granted from a substantive perspective. Undue limitation on the market for the duration of the patent term would, therefore, only realise if the industry allows it to.

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