Patent: Analyzing Patentability of Software Inventions / A Presentation at NLSIU Bangalore - Dr. Kalyan C Kankanala

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Patent: Analyzing Patentability of Software Inventions / A Presentation at NLSIU Bangalore - Dr. Kalyan C Kankanala Contact Us for Intellectual Property Services BananaIP Counsels Regd Office No.40,3rd Main Road,JC Industrial Estate, Kanakapura Road,Bangalore – 560 062. Email: contact@bananaip.com Telephone: +91-80-26860414 /24/34

Analyzing
Patentability of
Software Inventions
By
Dr. Kalyan C. Kankanala
Brain League IP Services now BananaIP
© Brain League IP Services Pvt.
Ltd., 2009. Private Use is
Permitted.

Invention
Patent
Inventor report
Invention disclosure
Patent search
Patent application
Filing
Prosecution
Patent Grant
Patentablity Opinion

Patentability
requirements
Patentable subject matter
Utility
Novelty
Nonobviousness
Specification

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

Patentable Subject
Matter
Process, machine, manufacture,
composition of matter and
Improvements
Product or Process

Exclusions
Abstract Ideas, Physical Phenomenon
and Laws of Nature.
Function of a machine
Mental steps
Mathematical Algorithm
India
Computer Programs Per se

Diamond v. Diehr
Process for vulcanizing rubber
Signal to open mold
Physical effect
Part of a process

State Street Bank Case
Hub and Spoke Software
Calcuate share of profits in mutual
funds
Concrete, Useful and Tangible Result
Business Method Exception

Bilski Case
Method of hedging risk
Machine or Transformation test

© Brain League IP Services Pvt. Ltd., 2009.
Private Use is Permitted.
Subject Matter?

Novelty
Known or used
Patented or published
Public use or On sale
Abandoned
Foreign priority
Patented in another country

Novelty
Derived
Suppressed or Concealed
Diligence
Single prior art reference

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

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

Specification
Written Description
Enablement
Best Mode
Claims
Object: Notice and Dissemination

© Brain League IP Services Pvt. Ltd., 2009.
Private Use is Permitted.
Analyzing Patentablity

Patent Law
European Patent Convention
Implementing Regulations
EPO Decisions
Directive

Article 52
Invention
Exclusions
“As such”
Mathematical methods
Business methods
Mental acts
Computer programs

VICOM Case
Apparatus and process for digitally
processing images
Application of mathematical method
Not Computer program as such
Patentable

IBM Case
Computer Program Product
Technical Character
Make computer hardware function in a
particular way
Patentable

ATT Case
Concrete Software from Specifications
Automation of certain steps - Call for
necessary modules
Held - Not Patentable
No technical character
Automation of mental steps of a
programmer

HITACHI Case
Method of automatic auction
Mix of technical and non-technical steps
Held-Subject Matter
Prior Art must not be considered

PITNEY BOWES
Case
Method of Physical/Electronic mail
delivery system
Held - Patentable Subject Matter
Not precluded under Article 52

President’s Referral
Computer program
General Purpose computer
Specific device
Technical Effect
Technical Character

Example
A software for analyzing ECG data
remotely.
Is it patentable in Indis, USA and Europe?

© Brain League IP Services Pvt. Ltd., 2009.
Private Use is Permitted.
Thank You

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The Indian Design Statistics Report for the year 2023 has been prepared by BananaIP Counsels as a part of its knowledge dissemination initiatives. The report is based on the information and data available on the Indian Intellectual Property (IP) Office website and databases and is accurate to the extent of data publication, availability, and searchability. For the latest IP news updates visit: www.bananaip.com Email: contact@bananaip.com

Indian Patent Statistics for 2023 by BananaIP Counsels

BananaIP Counsels

Draft Patent Rules 2024 (India)

BananaIP Counsels

The Draft Indian Patent Rules 2024 has been released for public review. This document primarily addresses the adjudication process for penalties in patent-related matters. It introduces specific roles such as 'Adjudicating Officer' and 'Appellate Authority', clarifying their functions in the patent adjudication process. The draft also details procedures for filing and appealing complaints in cases of patent contraventions. These updates are part of an ongoing effort to enhance the clarity and efficiency of the patent process in India. Stakeholders are encouraged to submit their feedback by February 1st, 2024. If you have any questions, speak with a Patent expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.

Patent Examination and Pre-Grant Opposition are independent processes, says t...

BananaIP Counsels

In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and the Single Judge held that pre-grant opponents have to be heard with respect to all amendments as the patent examination and pre-grant opposition processes merge once a representation is accepted by the Controller. Disagreeing with the Single Judge, the Division Bench held that patent examination and pre-grant opposition are independent and separate processes. If you have any questions, speak with a Patent expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.

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BananaIP Counsels

In the case of Huhtamaki Oyj And Anr Vs Controller Of Patents at the Delhi High Court, a significant development has transpired. The focus was on a Polymer Technology patent application titled “An Essentially Biobased Thermoformable Composition And Containers Formed Thereof”. The application had encountered objections concerning its inventive step and non-patentability. The Court highlighted the need for a thorough examination in the decision-making process. After detailed reconsideration, it's confirmed that the patent was granted on 26th July 2023. This case emphasizes the critical role of comprehensive examination in the patent granting process and the resilience necessary from applicants. #BananaIP #PatentLaw #DelhiHighCourt #InnovationProtection #PolymerTechnology #PatentGranted #IntellectualProperty

IP For Business - Presentation by Dr. Kalyan at IIM - Bangalore (2023 Class o...

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This document discusses accessibility and disability rights. It notes the right to accessibility in physical environments, transportation, and information and communication technologies. It provides examples of lack of accessibility in restaurants, hotels, and public transportation. Specifically, it finds that few restaurants and hotels have accessibility features like ramps or accessible menus and restrooms. For transportation, it discusses draft accessibility guidelines for roads, railways, and air travel. It also discusses accessibility standards for digital screens and apps. The document presents a hypothetical scenario of residents in an apartment complex requesting accessibility improvements and the divided views of the owner's association board in response.

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This document contains the submissions of an expert appointed by the Delhi High Court to provide an analysis of Section 52(1)(za) of the Indian Copyright Act, which provides an exception for use of copyrighted sound recordings at marriage ceremonies and related social events. The expert summarizes that international treaties provide flexibility for countries to determine exceptions based on local needs, and Section 52(1)(za) falls within the scope of permitted exceptions. The expert argues for a broad reading of the section in light of the importance of marriage in Indian society and the need to limit overreach of copyright owners' rights in this context. The expert also notes that without facilitators, most users would not be able to exercise their rights under this

Indian Intellectual Property Cases Report, 2021.pdf

BananaIP Counsels

INDIAN INTELLECTUAL PROPERTY STATISTICS REPORT, 2021

BananaIP Counsels

BananaIP is happy to launch the IP statistics report for the year 2021. This report covers Patent, Trademark, Design, Copyright and Geographical Indication (GI) statistics based on information available on the website of the Indian IP Office. Wherever relevant, a comparative review with previous years has been presented in the report. Findings and Conclusions At a general level, intellectual property activity before the IP Office increased notably in 2021 compared to the previous year. While Patent, Copyright, Trademark, and GI filings saw an increase in numbers, the number of Design filings dropped during the year. The conclusion of the report reads as follows: "To conclude, we observed an overall increase in the IP Statistics in 2021. In the year 2021 number of patents published increased by 2%, the number of trademarks filed increased by 13.78%, the number of copyrights filed increased by 29.71% and the number of geographical indications filed increased by 49.01%. We also observed that the number of patents granted increased by 15.66%, trademarks registered increased by 33.96%, and geographical indications registered increased by 560% in 2021. However, the number of designs registered decreased by 17.54%." Statistics as Indicators Intellectual Property statistics have since long been used as indicators of intellectual activity, and the findings of this report signify an increase in innovative and creative activity in India despite the pandemic. The numbers also indicate the importance being given to IP protection in the Indian market by both Indian and foreign organisations. Talking about the report, Dr. Kalyan C. Kankanala stated, "IP filings in India have been steadily increasing since 2014, and the increase in 2021 is not surprising. What is interesting is the fact that patent, trademark, and other IP filings increased despite the negative consequences of COVID-19. The increase in numbers is in sync with increased enforcement, licensing, and litigation. Over the last decade, we have seen a significant transformation in the IP ecosystem in India, and I can today state with confidence that we are no longer a nation that views IP with circumspection." Attribution The report was the result of contributions from consulting/strategy, patent, copyright, and trademark departments of BananaIP Counsels.

IP Stats Recap PPT 2021

BananaIP Counsels

This document presents intellectual property statistics for India for the years 2019-2021. It summarizes that in 2021: - Patent applications published and patents granted both increased by around 2% compared to 2020. - Design registrations decreased by 17.54% from 2020. - Trademark applications filed and registered increased by 13.78% and 33.96% respectively from 2020. - Copyright filings increased by 29.71% from 2020. - Geographical indication applications filed increased by 560% and registrations by 50% from 2020.

Fundamentals of Intellectual Property

BananaIP Counsels

Prof. AB develops a product called "STUNOOPER", a pen capable of assessing student participation in class based on facial expressions, gestures, etc. and providing proposed grades. He tests it from 2019-2021, when he finalizes the design and uses it to grade students. Prof. AB writes the integrating code himself while using open source algorithms and libraries, and keeps his expanding training data secret. It is unclear if this is a good idea or product.

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To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).

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Patent: Analyzing Patentability of Software Inventions / A Presentation at NLSIU Bangalore - Dr. Kalyan C Kankanala

1. Analyzing Patentability of Software Inventions By Dr. Kalyan C. Kankanala Brain League IP Services now BananaIP © Brain League IP Services Pvt. Ltd., 2009. Private Use is Permitted.

2. Invention Patent Inventor report Invention disclosure Patent search Patent application Filing Prosecution Patent Grant Patentablity Opinion

3. Patentability requirements Patentable subject matter Utility Novelty Nonobviousness Specification

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

5. Patentable Subject Matter Process, machine, manufacture, composition of matter and Improvements Product or Process

6. Exclusions Abstract Ideas, Physical Phenomenon and Laws of Nature. Function of a machine Mental steps Mathematical Algorithm India Computer Programs Per se

7. Diamond v. Diehr Process for vulcanizing rubber Signal to open mold Physical effect Part of a process

8. State Street Bank Case Hub and Spoke Software Calcuate share of profits in mutual funds Concrete, Useful and Tangible Result Business Method Exception

9. Bilski Case Method of hedging risk Machine or Transformation test

11. Utility Current Substantial Credible

12. Novelty Known or used Patented or published Public use or On sale Abandoned Foreign priority Patented in another country

13. Novelty Derived Suppressed or Concealed Diligence 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. Specification Written Description Enablement Best Mode Claims Object: Notice and Dissemination

18. European Patent Convention

19. Patent Law European Patent Convention Implementing Regulations EPO Decisions Directive

20. Article 52 Invention Exclusions “As such” Mathematical methods Business methods Mental acts Computer programs

21. VICOM Case Apparatus and process for digitally processing images Application of mathematical method Not Computer program as such Patentable

22. IBM Case Computer Program Product Technical Character Make computer hardware function in a particular way Patentable

23. ATT Case Concrete Software from Specifications Automation of certain steps - Call for necessary modules Held - Not Patentable No technical character Automation of mental steps of a programmer

24. HITACHI Case Method of automatic auction Mix of technical and non-technical steps Held-Subject Matter Prior Art must not be considered

25. PITNEY BOWES Case Method of Physical/Electronic mail delivery system Held - Patentable Subject Matter Not precluded under Article 52

26. President’s Referral Computer program General Purpose computer Specific device Technical Effect Technical Character

27. Example A software for analyzing ECG data remotely. Is it patentable in Indis, USA and Europe?

Patent: Analyzing Patentability of Software Inventions / A Presentation at NLSIU Bangalore - Dr. Kalyan C Kankanala

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Patent: Analyzing Patentability of Software Inventions / A Presentation at NLSIU Bangalore - Dr. Kalyan C Kankanala