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Patent 10 minutes: Can we patent
The document outlines the criteria for patentability, emphasizing what can and cannot be patented, including processes, machines, and compositions, while excluding ideas, scientific theories, and laws of nature. For an invention to be patentable, it must be novel, useful, non-obvious, credible, practical, and exclusively filed by the inventor. It also highlights the importance of prior art and conditions under which an invention may be rejected or need modification.
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Patent 10 minutes: Can we patent
- 1. Patent and start-ups -Can we patent? 2
- 2. Overview • What canbe patented? • What cannot be patented? • Is your invention patentable? Caution This is a very intensive set of Patent 10 minutes slides. But don’t let it intimidate you. Your best buddy who can accompany you for the next 10 minutes… A cup of coffee.!!
- 3. What can bepatented? Process Process for making a chemical compound Machine Television Smart phones Manufactured Article A bicycle A Table Composition of matter A shampoo A cleaning solution Patentable Subject Matter
- 4. What cannot bepatented? Idea or suggestion Scientific theories or mathematical formulae E.g. E=mc2 Biological process for the production of plant or animal E.g. photosynthesis A method of treatment or diagnosis E.g. Biopsy Animal E.g. Your pet dog Law of nature E.g. Gravity
- 5. Is your inventionpatentable? NovelNovel UsefulUseful NonNon--obviousobvious Your invention can only be patented if you satisfy the all the NUN criteria.
- 6. • Your inventionis compared to anything that is created in the past • Not publicly disclosed in any form, anywhere in the world • If disclosed, it must not be more than 1 year prior to the date of patent application (also known as Prior Art in United States) Novel
- 7. • Your inventionmust have a useful purpose. • Rejection on utility is not very common. • If so, present one of the following: – a working model (esp. for medical inventions), – testimony of experts, or – test results. Useful
- 8. Non-obviousness • Toughest criteriato pass as it can be very subjective • Differences between your invention and prior art to a skilled person with the working knowledge in the relevant field • Consider the following factors: – Scope and content of prior art – Level of ordinary skill in the art – Differences between prior art and claims at issue
- 9. That’s not all… Wehave more to distress you….
- 10. Your invention mustalso be… Credible Don’t bother to prove that a time machine works. Practical If your invention involves crushed rocks of nano-size and there is no machine that can produce that, your invention is equally useless. Patented by the inventor him/herself Even the family members are not allowed to file for the patent.
- 11. If your inventionis… known in U.S. before your date of invention patented or described anywhere in a printed publication ≥ 1 year before you file your application already in use in U.S. ≥ 1 year before you file the application patented elsewhere before filing an application in U.S. (unless the foreign application was filed ≤ 1 year before the U.S. application) Then, you should modify or reinvent your invention…. because your invention cannot be patented in U.S..
- 12. About IP guidefor Start-ups Visit www.facebook.com/patsnap for your weekly dose of Intellectual Property guide for early ventures, written by PatSnap’s PaTENt minutes’ team. Rev up your IP knowledge in just 10 minutes. Each Patent 10 minutes guide consists of 10 slides.