A patent is a right to monopolize an invention. A would-be inventor specifies the scope of activities from which he wants to exclude others (the claims), and submits it to the Patent Office. Patent Office evaluates whether these claims depict an invention within the sense of the Patent law and whether the invention is correctly disclosed and industrially applicable (formal examination). Some patent offices will moreover examine whether the invention is new and non-obvious (substantive examination). If the application passes the examination hurdles, the Patent Office grants the applicant exclusive rights to produce and market the invention for a period of 20 years

1. Patents & Patent LawPatents & Patent Law
Vijay Kumar M.
97 000 29 123

2. What is a Patent?What is a Patent?
 A patent is a right to monopolize an invention. A would-
be inventor specifies the scope of activities from which
he wants to exclude others (the claims), and submits it to
the Patent Office. Patent Office evaluates whether these
claims depict an invention within the sense of the Patent
law and whether the invention is correctly disclosed and
industrially applicable (formal examination). Some
patent offices will moreover examine whether the
invention is new and non-obvious (substantive
examination). If the application passes the examination
hurdles, the Patent Office grants the applicant exclusive
rights to produce and market the invention for a period
of 20 years.

3. Patentability RequirementsPatentability Requirements
 Patentable subject matter
 Utility
 Novelty
 Non obviousness
 Specification

4. Patentable Subject matterPatentable Subject matter
 This Requirement lays down the list of subjects
that are eligible to get a patent as Eligible
Subjects and those that are not eligible as Non-
Patentable subjects/Inventions.
 In order to comply with this requirement the
inventions should fall under the eligible subjects
and be outside the list of non-patentable
inventions.

5. NoveltyNovelty
 New
 Prior Art
 Anticipation
 Public Knowledge
 Public domain information
 Ph.D Thesis available in library

6. Non-ObviousnessNon-Obviousness
 Inventive Step
 Technical advancement or having economic
significance or both
 Should not be obvious
 Ordinary person skilled in the art

7. Utility/ Industrial ApplicationUtility/ Industrial Application
 Should be useful in any industry
 Even if it is used for one single individual the
requirement is meet

8. SpecificationSpecification
 Complete Information about the invention
 Different Modes and Best mode of performing
the Invention
 Boundaries of the Invention
 May contain drawings
 Should end with claims
 Claims should be supported by the description
of the invention

9. Copyright vs PatentsCopyright vs Patents
EXPRESSION IDEA
LITERAL NON-LITERAL
SYMBOLIC FUNCTIONAL

10. Copyright vs PatentsCopyright vs Patents
 Literal/ Non Literal Elements
 Functional / Non Functional Elements
 User Interface
 Reverse Engineering and Fair Use Rights

11. Copyright Vs. PatentsCopyright Vs. Patents
Copyright Protects the expression of Ideas and
not the idea itself
Patent protects idea manifested in form of
product or process

12. Q A&

13. Q&AQ&A
Vijay Kumar M
IP Markets
vijay@ipmarkets.in
+91 -9293123797
+91-40-23305525
+91-97000 29123