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VOL. 7, ISSUE 2 (2025)
Intellectual property rights in neurotechnology innovation: An in-depth study of India’s patent landscape, regulatory challenges, and emerging trends
Authors
Isha Taneja
Abstract
The rapid growth of neurotechnology, which
includes brain-computer interfaces (BCIs), neural signal processing, and AI-assisted
neurotherapeutics, has the potential to transform healthcare, education,
entertainment and assistive technologies. In India, as a developing country
innovation hub, this rapid advancement has created unique challenges in
harmonizing its patent regime, established through the Patents Act, 1970, with
the possibilities afforded by neurotechnology and AI-enabled biomedical
inventions. This research paper examines the complex landscape of Neuro-IP in
India and assesses the complexities that current patentability rules,
regulatory exclusions, and ethical considerations present for Neuro-IP
researchers and innovators. We note some important research gaps on algorithm
patentability, medical method exclusions, and the socio-liability trade off
between innovation incentives and public health. Additionally, after examining
recent litigation, government policy recommendations and international
examples, this paper suggests tangible objectives and strategic questions for
the innovation ecosystem in India, with the goal of aligning India's IP
framework with global trends in neurotechnology innovation while expanding
citizens' access to life saving technologies.
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Pages:91-96
How to cite this article:
Isha Taneja "Intellectual property rights in neurotechnology innovation: An in-depth study of India’s patent landscape, regulatory challenges, and emerging trends". International Journal of Law, Policy and Social Review, Vol 7, Issue 2, 2025, Pages 91-96
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