When Patent Law Meets Morality: Lessons from The ITC E-Cigarette Case

Introduction: The Bargain and The Barrier Patent law operates on a bargain: innovators disclose their inventions in exchange for a time-bound exclusivity. Yet, not all innovations qualify for this bargain. Section 3(b)  of the Patents Act, 1970   (Hereafter referred to as ‘The Act’) carves out an exception for inventions which are not patentable. At first glance, the provision seems straightforward; the difficulty, however, lies in evaluating whether the harm is real or merely speculative,...