• SHAMBHU NATH MISHRA

Intellectual Property Laws, among others, have two important notions: the public policy and economic interest of the IP holder. The IP Statutes provide a comprehensive scheme to protect the economic interest of the IP holder, but it is sometimes subject to acquisition or denial straightaway. In this situation, the IP Laws take a completely different path. In these circumstances, the general principles of the IP Laws do not apply and the applicant or IP Holder is met with several setbacks. This is justified as essential for the security of the nation but at the same time, there are several loopholes. The Patent provides for the exclusive right to the inventor. But when the invention relates to military weapons or inventions of these categories, the state intervenes and doesn’t grant such patents citing secrecy orders and security of the nation. This project aims to critically analyse the provisions relating to patentability of military weapons. It aims to bring out whether the patentability of the military weapons poses a threat to national security and the economy or it can strengthen the security of the nation. It aims to bring out a clear picture of the rights of the inventor in such situations. It primarily focuses on the US Law and makes deliberation on Indian law with few examples of different countries.

Weapons, Patent Protection, Threat, Comparative Analysis

"PATENTABILITY OF MILITARY WEAPONS: A CONCERN FOR SECURITY IN MODERN TIMES", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.10, Issue 9, page no.e289-e294, September-2023, Available :http://www.jetir.org/papers/JETIR2309434.pdf

"PATENTABILITY OF MILITARY WEAPONS: A CONCERN FOR SECURITY IN MODERN TIMES", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.10, Issue 9, page no. ppe289-e294, September-2023, Available at : http://www.jetir.org/papers/JETIR2309434.pdf