Patentability requirements


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Patentability requirements

  1. 1. Analyzing Patentability of Inventions Dr. Kalyan C. Kankanala Blog: © BananaIP -2007
  2. 2. Patentability requirements Patentable subject matter Industrial Applicability Novelty Inventive Step Specification © BananaIP -2007
  3. 3. Patentable Subject Matter Product or Process - Section 2(1)(j) Computer Program Genetically modified pig Business method Massage technique © BananaIP -2007
  4. 4. Exclusions Section 3(d) New form Efficacy New property or use Mere use of known process New product New reactant © BananaIP -2007
  5. 5. 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 © BananaIP -2007
  6. 6. 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)) © BananaIP -2007
  7. 7. 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? © BananaIP -2007
  8. 8. 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? © BananaIP -2007
  9. 9. 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? © BananaIP -2007
  10. 10. 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? © BananaIP -2007
  11. 11. Industrial Applicability Section 2(1)(ac) - Capable of Industrial Application Make Use Repeat Industry © BananaIP -2007
  12. 12. Industrial Applicability Neo invents a method of making a dog jump on four legs. Helen invents a method of eloping based on adverse conditions. © BananaIP -2007
  13. 13. 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 © BananaIP -2007
  14. 14. Inventive Step Section 2(1)(ja) Technical Advance or Economic Significance and Not obvious to a person skilled in the Art. © BananaIP -2007
  15. 15. Secondary Indicia Commercial Success Copying Praise by expert Unexpected results Long felt need © BananaIP -2007
  16. 16. Example Invention Chair with Wheels Prior Art Chairs Tables with wheels © BananaIP -2007
  17. 17. Example Invention Stent coated with Taxol Prior Art Stents Many Anti-cancer agents including Taxol © BananaIP -2007
  18. 18. Specification Section 10 Written Description Enablement Best Mode Claims Object: Notice and Dissemination © BananaIP -2007
  19. 19. 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. © BananaIP -2007
  20. 20. A Tale of Patents, Drugs, Health Care and Greed “A blind lawyer, a virus outbreak, a dog that dreams and a patent infringement case. Dr. Kalyan Kankanala’s debut fiction, Road Humps and Sidewalks: The Path less travelled is an engrossing fast-paced legal thriller” - The Hindu For details: Monday, March 10, 2014 © BananaIP -2007
  21. 21. Thank you For more info: © BananaIP -2007