Analyzing Patentability of inventions
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Analyzing Patentability of inventions

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Analyzing Patentability of Inventions - A presentation by Dr. Kalyan Kankanala

Analyzing Patentability of Inventions - A presentation by Dr. Kalyan Kankanala

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  • 1. © BananaIP -2007 Analyzing Patentability of Inventions Kalyan Kankanala kalyan@bananaip.com Blog: http://www.bananaip.com/sinapse-blog Books: www.kalyankankanala.com
  • 2. © BananaIP -2007 Patentability requirements Patentable subject matter Industrial Applicability Novelty Inventive Step Specification
  • 3. © BananaIP -2007 Patentable Subject Matter Product or Process - Section 2(1)(j) Computer Program Genetically modified pig Business method Massage technique
  • 4. © BananaIP -2007 Exclusions Section 3(d) New form Efficacy New property or use Mere use of known process New product New reactant
  • 5. © BananaIP -2007 Exclusions Explanation: Salts, Esters, Ethers, Polymorphs, Metabolites, Pure forms, Particle size, Isomers, Mixture of isomers, Complexes, Combinations and other Derivatives of a known substance considered same substance Efficacy Novartis case
  • 6. © BananaIP -2007 Exclusions Plants, Animals and Parts (Section 3(j)) Computer Programs Per Se (Section 3(k) Medical Methods (Section 3(i)) Traditional Knowledge (Section 3(p))
  • 7. © BananaIP -2007 Example Kodi identifies and inserts a gene in a hen which leads to the increase in the output of eggs, sixty luminiscent eggs per month). He is interested in getting a patent on his invention. Can he get a patent and if yes, on what?
  • 8. © BananaIP -2007 Example Som develops an android application for assessing the mood of the caller. The app has automated systems for rejecting calls of bad mood callers. It also can recognize cold callers. Patentable?
  • 9. © BananaIP-2007 Example Kini, a house wife and follower of Baba Ramdev, develops a method of performing yoga that will help astronauts adapt to low gravity environments. She wishes to file for a patent in India. Will there be any issues with patentable subject matter?
  • 10. © BananaIP -2007 Example Coconut Nair inherits traditional knowledge with respect to ayurvedic formulations for improving immunity and promoting healthy living from his ancestors. After researching on the formulations, he isolates active ingredients from three of the formulations and prepares tablets for enhancing immunity. Is his invention patentable subject matter?
  • 11. © BananaIP -2007 Industrial Applicability Section 2(1)(ac) - Capable of Industrial Application Make Use Repeat Industry
  • 12. © BananaIP -2007 Industrial Applicability Neo invents a method of making a dog jump on four legs. Helen invents a method of eloping based on adverse conditions.
  • 13. © BananaIP -2007 Novelty Section 2(1)(l) - New Invention Prior Publication Public Knowledge Public Use On Sale Public Display Public Working Single prior art reference Inherent anticipation
  • 14. © BananaIP -2007 Inventive Step Section 2(1)(ja) Technical Advance or Economic Significance and Not obvious to a person skilled in the Art.
  • 15. © BananaIP -2007 Secondary Indicia Commercial Success Copying Praise by expert Unexpected results Long felt need
  • 16. © BananaIP -2007 Example Invention Chair with Wheels Prior Art Chairs Tables with wheels
  • 17. © BananaIP -2007 Example Invention Stent coated with Taxol Prior Art Stents Many Anti-cancer agents including Taxol
  • 18. © BananaIP -2007 Specification Section 10 Written Description Enablement Best Mode Claims Object: Notice and Dissemination
  • 19. © BananaIP -2007 Example The invention relates to a composition comprising Ginger, Radish, Celery and Black seed for enhancing male fertility. Prior art Independent use of Ginger, Radish, Celery andBlack seed as Aphrodisiac and Spermatogenic in Ayurveda and Unani systems of medicine.
  • 20. © BananaIP -2007 Patent Fiction “The first ever Law Thriller in India” Releasing soon…..
  • 21. © BananaIP -2007 Thank you For more info: www.bananaip.com www.bananaip.com/sinapse-blog