The Patentability Of Weapons And Small Arms: Legal Challenges And Comparative Analysis With The Us
- IJLLR Journal
- Jun 5
- 1 min read
Aditya Rana, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand
Dr. Ratnesh Kumar Srivastava, Assistant Professor in Law, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand
ABSTRACT
The intersection of intellectual property rights and weapons technologies requires a precise calibration between national security interests and the promotion of domestic innovation. This research performs an analytical critique of the legal and policy environment governing the patentability of weaponry and small arms in India, in comparison with the more liberalized and innovation-promoting approach of the United States. While the United States actively encourages commercialization and technological innovation in armaments by way of a general system of patents, India's legislative intervention that is, primarily described in Sections 3(b), 4, and 35 of the Patents Act, 1970 is more traditionalist in character, with more emphasis on moralities and state control of weaponry. Through comparative analysis, this paper indicates the need for patent regime reform in India to more effectively balance national security interests against the demands of developing domestic defence capacity. This paper proposes an architecture of ordered innovation by means such as confidential patent corridors, post-grant examination, and public-private partnerships.
