Patent of addition and substitution inventions


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Patent of addition and substitution inventions

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Patent of addition and substitution inventions

  1. 1. Addition and Substitution Inventions By, Lavanya Suresh Associate - Patents & Designs Altacit Global
  2. 2. What does this cartoon have to do with patent law or innovation?
  3. 3. Pioneering inventions
  4. 4. Light bulb? Henry Woodward and Mathew Evans Vs Thomas Alva Edison
  5. 5. Edison’s Improvements ● a lower current electricity ● a small carbonized filament, and ● an improved vacuum inside the globe
  6. 6. Patent Law ● The invention is new (i.e., novel), ● Non-obvious (i.e., not trivial or common sense), and ● Capable of Industrial Application
  7. 7. Improvement Patents ● An improvement made to an existing patented device. ● Improvements have to be new and nonobvious. ● The new improved product must be exceptionally better than the original.
  8. 8. Types of Improvement Patents Addition inventions - requires that new components be added to the existing patented device. Substitution inventions - can be issued to devices that have had major component or material changes which result in a better product.
  9. 9. Examples Addition Inventions Substitution Inventions
  10. 10. Relationship Between Basic and Improvement Patents ● Whether the improvement patent can be practiced without infringing the basic patent? ● Whether the differences between the improvement and the disclosure of the basic patent are obvious at the time the invention was made.
  11. 11. ● In considering the patentability of an improvement over a prior patent, compare the complete disclosure of the prior patent to determine what it would teach one skilled in the art and then compare that teaching with the improved technology. ● In evaluating infringement, focus on the claims of the prior patent and compare them with the improvements. Approaches
  12. 12. Patentability
  13. 13. ? Infringement
  14. 14. Conclusion ● The analysis between a basic patent and an improvement patent, therefore, involves an initial inquiry as to whether the issue is one of patentability over the basic patent or infringement of the basic patent. ● The factual determinations and legal evaluations are different depending upon which type of evaluation is being made.
  15. 15. Conclusion ● In evaluating patentability in comparing a basic patent with an improvement patent, not only the technology involved but also the identity of the inventors can be important. ● If there is common ownership or if a license has been granted by the owner of the basic patent to the owner of the improvement, infringement would not be a problem.