Presentation on Patent Law Basics by Dr. Kalyan C. Kankanala, Brain League IP Services now BananaIP

1. © Brain League IP Services Pvt. Ltd. Now BananaIP-2006
Patent Law Basics
By
Dr. Kalyan C. Kankanala
Brain League IP Services now BananaIP

2. Inventor/
Investor
Incentives
Public Domain
Invention
Patent
Patent Regime
Give and Take
Progress of Science and
Technology
Invent
Invest
Disclose
Design
Around

3. Indian Patent Law
The Patents Act, 1970
Amendments in 1999, 2002 and 2005.
The Patent Rules, 1972
Amended last in 2006
Draft Manual
Case Laws

4. International
Instruments
Paris Convention
Patent Co-operation Treaty
Agreement on TRIPS

5. Patentability
requirements
Patentable subject matter
Utility
Novelty
Nonobviousness
Specification

6. INVENTIONS
Subject Matter
Usefulness
Novelty
Non-obviousness
Specification
PATENTS
Kalyan’s Patent
Filter Model

7. Patentable Subject
Matter
Product or Process
Exclusive Marketing Rights
Section 5

8. Exclusions
India
Section 3
Ineligible subjects

9. Exclusions
Frivolous, Obvious or Contary to Natural Laws
Contrary to Public Order or Morality
Prejudicial to animal or plant life/health or
environment
Scientific Principle or Abstract Theory
Discovery
Mere Discovery or
New form of a known substance
Enhancement of efficacy
New Property or New Use

10. Exclusions
Mere Admixture
Synergistic effect
Mere arrangement of known substances
Medical Methods
Agricultural methods
Plants and Animals or Parts
Microorganisms
Computer Program Per se
Mathematical Method, Business Method or
Algorithm
Copyrightable works
Mere Scheme or Rule

11. Exclusions
Mental Act or Method of Playing a
Game
Presentation of information
Topography if ICs
Traditional Knowledge
Atomic Energy

12. Industrial
Applicability
Make
Use
Repeat

13. Novelty
Known or used
Patented
Published
Displayed
Public use
On sale
Derived
Foreign priority
Single Prior Art Reference

14. Nonobviousness
Scope of prior art
Differences- invention and prior art
Level of ordinary skill
Secondary Indicia
At the time of conception
Obvious to try

15. Secondary Indicia
Commercial Success
Copying
Praise by expert
Unexpected results
Long felt need

16. © Brain League IP Services Pvt. Ltd.-2006
Specification
Written Description
Enablement
Best Mode
Claims
Object: Notice and Dissemination

17. Example 1
Chair with wheels
Prior Art
Chair
Wheels for toys

18. © Brain League IP Services Pvt. Ltd.-2006
Example 2
1 mm thick pouch made of plastic to hold
viscous oils
Prior Art
Plastic water bottles
Article on thickness of plastic and wear and
tear based on fluid viscosity

19. © Brain League IP Services Pvt. Ltd.-2006
Example 3
Voice Mail Box
Prior Art
Telephony
Voice Recorders

20. Example 4
Genetically modified dog - Size of a
bull
Prior Art
Genetically modified mouse
Process of genetic modification

21. © Brain League IP Services Pvt. Ltd. Now BananaIP -2006
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