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• Social
• Economic
• Utilitarian
• Tragedy of commons
2019 © BananaIP Counsels 2019 3
© BananaIP Counsels 2019 4
• Exclusive Rights
• Negative
• Jurisdictional
• Limited Period of time
• Public Disclosure
Ideas of men and women resulting in
products useful to the society will be
protected in the Indus Valley Civilization. No
one will be allowed to use a protected idea
without the permission of its owner.
March 2014 © BananaIP Counsels 2019 5
Ideas of men and women resulting in products useful to the
society will be protected in the Indus Valley Civilization. No one
will be allowed to use a protected idea without the permission of
its owner.
Group 1 : Businessmen, Merchants, Traders, etc.
Group 2 : Artisans, Builders, Scientists, Sculptors, Carvers etc.
Group 3: Doctors, farmers, public interest groups
Group 4 : Other Locals of Harappa.
March 2014 © BananaIP Counsels 2019 6
www.bananaip.com
• Patentable subject matter
• Industrial Applicability
• Novelty
• Inventive Step
• Specification
March 2014 © BananaIP Counsels 2019 8
Exclusions
• Frivolous
• Against public order
• Mere discovery or Abstract Theory
• New form of Known Substance
• Mere admixture
• Agriculture
• Treatment Method
• Plants and Animals or part thereof
• Business method, computer program, Mathematics
• Copyrightable works
• Mental Act
• IC
• Traditional Knowledge
March 2014 © BananaIP Counsels 2019 9
Example 1
Aditya identifies the gene responsible for skin colour in
sheep. He modifies the gene sequence to produce
luminescence when the sheep is ready for slaughter. He
inserts the gene using standard techniques, and
produces sheep including the modified gene sequence.
Patentable Subject Matter?
March 2014 © BananaIP Counsels 2019 10
Example 2
Ria 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 Subject Matter?
March 2014 © BananaIP Counsels 2019 11
Example 3
Raghu develops a method of massaging by
integrating traditional thai sequences, yoga
practices, meditation methods, and tailor made
music to enhance rejuvenation and relaxation.
Patentable Subject Matter?
March 2014 © BananaIP Counsels 2019 12
Example 4
A device for spying on the citizens of India
Patentable Subject Matter?
March 2014 © BananaIP Counsels 2019 13
• Patentable subject matter
• Industrial Applicability
– Current and Credible
– Make, use, Replicate, Industrial
• Novelty
– Publication, Public Knowledge, Public Use, sale, Public
display, Public working
• Inventive Step
– Non Obviousness, Technical Advance, Economic
Significance
• Specification
– Enablement, best mode, claims
March 2014 © BananaIP Counsels 2019 14
A composition for treating Rabies. The
formulation includes jack fruit extract, coconut
oil and powdered banana leaf.
• Prior art:
– Banana Leaf is known to have anti-viral properties
– Jack fruit is used to treat delirium and other
mental condition
– Coconut oil is used to treat open wounds
March 2014 © BananaIP Counsels 2019 15
www.bananaip.com
March 2014 © BananaIP Counsels 2019 17
0
5000
10000
15000
20000
25000
30000
35000
40000
45000
1995-2000 2001-2005 2006-2010 2011-2015 2016-2018
No. of Patents filed
No. of Patents filed
– Breadth of fundamental Patents
• Biotechnology
• Nanotechnology
• Space technology
– Other Issues
• Impact on public health
• Traditional Knowledge
• Computer programs and Business method
March 2014 © BananaIP Counsels 2019 18
– Optimum balance between
• Right Holder
• New entrant
• Public at large
– Tragedy of Anti-commons
• Thickets
– Trolls
– Market dynamics
• Shelf life
• Competition
• Return on investment
March 2014 © BananaIP Counsels 2019 19
• Innovative Collaboration
– Pools
– Licensing models
– Open Innovation
• Hybrid Market Models
– Less reliance on Patents
– Reliance on other tools (trade secrets, Market research)
• Market driven Economy
– Adjusting the Patent regime with the changing Market
dynamics
March 2014 © BananaIP Counsels 2019 20
March 2014 Confidential 21
© BananaIP Counsels 2019 22
Vinita Radhakrishnan
Senior Partner - BananaIP Counsels
Email: vinita@bananaip.com
Phone: +91 9845837306
2019

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Patent regime and its challenges

  • 3. • Social • Economic • Utilitarian • Tragedy of commons 2019 © BananaIP Counsels 2019 3
  • 4. © BananaIP Counsels 2019 4 • Exclusive Rights • Negative • Jurisdictional • Limited Period of time • Public Disclosure
  • 5. Ideas of men and women resulting in products useful to the society will be protected in the Indus Valley Civilization. No one will be allowed to use a protected idea without the permission of its owner. March 2014 © BananaIP Counsels 2019 5
  • 6. Ideas of men and women resulting in products useful to the society will be protected in the Indus Valley Civilization. No one will be allowed to use a protected idea without the permission of its owner. Group 1 : Businessmen, Merchants, Traders, etc. Group 2 : Artisans, Builders, Scientists, Sculptors, Carvers etc. Group 3: Doctors, farmers, public interest groups Group 4 : Other Locals of Harappa. March 2014 © BananaIP Counsels 2019 6
  • 8. • Patentable subject matter • Industrial Applicability • Novelty • Inventive Step • Specification March 2014 © BananaIP Counsels 2019 8
  • 9. Exclusions • Frivolous • Against public order • Mere discovery or Abstract Theory • New form of Known Substance • Mere admixture • Agriculture • Treatment Method • Plants and Animals or part thereof • Business method, computer program, Mathematics • Copyrightable works • Mental Act • IC • Traditional Knowledge March 2014 © BananaIP Counsels 2019 9
  • 10. Example 1 Aditya identifies the gene responsible for skin colour in sheep. He modifies the gene sequence to produce luminescence when the sheep is ready for slaughter. He inserts the gene using standard techniques, and produces sheep including the modified gene sequence. Patentable Subject Matter? March 2014 © BananaIP Counsels 2019 10
  • 11. Example 2 Ria 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 Subject Matter? March 2014 © BananaIP Counsels 2019 11
  • 12. Example 3 Raghu develops a method of massaging by integrating traditional thai sequences, yoga practices, meditation methods, and tailor made music to enhance rejuvenation and relaxation. Patentable Subject Matter? March 2014 © BananaIP Counsels 2019 12
  • 13. Example 4 A device for spying on the citizens of India Patentable Subject Matter? March 2014 © BananaIP Counsels 2019 13
  • 14. • Patentable subject matter • Industrial Applicability – Current and Credible – Make, use, Replicate, Industrial • Novelty – Publication, Public Knowledge, Public Use, sale, Public display, Public working • Inventive Step – Non Obviousness, Technical Advance, Economic Significance • Specification – Enablement, best mode, claims March 2014 © BananaIP Counsels 2019 14
  • 15. A composition for treating Rabies. The formulation includes jack fruit extract, coconut oil and powdered banana leaf. • Prior art: – Banana Leaf is known to have anti-viral properties – Jack fruit is used to treat delirium and other mental condition – Coconut oil is used to treat open wounds March 2014 © BananaIP Counsels 2019 15
  • 17. March 2014 © BananaIP Counsels 2019 17 0 5000 10000 15000 20000 25000 30000 35000 40000 45000 1995-2000 2001-2005 2006-2010 2011-2015 2016-2018 No. of Patents filed No. of Patents filed
  • 18. – Breadth of fundamental Patents • Biotechnology • Nanotechnology • Space technology – Other Issues • Impact on public health • Traditional Knowledge • Computer programs and Business method March 2014 © BananaIP Counsels 2019 18
  • 19. – Optimum balance between • Right Holder • New entrant • Public at large – Tragedy of Anti-commons • Thickets – Trolls – Market dynamics • Shelf life • Competition • Return on investment March 2014 © BananaIP Counsels 2019 19
  • 20. • Innovative Collaboration – Pools – Licensing models – Open Innovation • Hybrid Market Models – Less reliance on Patents – Reliance on other tools (trade secrets, Market research) • Market driven Economy – Adjusting the Patent regime with the changing Market dynamics March 2014 © BananaIP Counsels 2019 20
  • 22. © BananaIP Counsels 2019 22 Vinita Radhakrishnan Senior Partner - BananaIP Counsels Email: vinita@bananaip.com Phone: +91 9845837306 2019