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Inventions and Patentability
Dr. Kalyan C. Kankanala
BananaIP Counsels
contact@bananaip.com
Copyright, BananaIP (BIP) Counsels, 2019
© BANANAIP, 2015
Patentability requirements
Copyright, BananaIP (BIP) Counsels, 2019
• Patentable subject matter
• Industrial Applicability
• Novelty
• Inventive Step
• Specification
© BANANAIP, 2015
Patentable Subject Matter
Copyright, BananaIP (BIP) Counsels, 2019
• Product or Process - Section 2(1)(j)
• Computer Program
• Genetically modified pig
• Business method
• Massage technique
© BANANAIP, 2015
Exclusions
Copyright, BananaIP (BIP) Counsels, 2019
• Plants, Animals and Parts (Section 3(j))
• Computer Programs Per Se (Section 3(k)
• Medical Methods (Section 3(i))
• Traditional Knowledge (Section 3(p))
© BANANAIP, 2015
Example
Copyright, BananaIP (BIP) Counsels, 2019
• Som develops an android application for assessing the
mood of the caller. The app has automated systems for
rejecting calls of bad mood callers. It also can recognize
cold callers.
• Patentable?
© BANANAIP, 2015
Example
Copyright, BananaIP (BIP) Counsels, 2019
• Shekar develops an automotive application for tracking
cops with speed guns on any high way of choice and alert
the driver. When on auto mode, the application also
controls the speed of the vehicle.
• Patentable Subject Matter?
© BANANAIP, 2015
Example
Copyright, BananaIP (BIP) Counsels, 2019
• X modifies the open source software developed by Y for
V2V communication to suit the safety application of her
company's fleet of cars.
• Patentable Subject Matter?
© BANANAIP, 2015
Industrial Applicability
Copyright, BananaIP (BIP) Counsels, 2019
• Section 2(1)(ac) - Capable of Industrial Application
• Make
• Use
• Repeat
• Industry
© BANANAIP, 2015
Industrial Applicability
Copyright, BananaIP (BIP) Counsels, 2019
• Helen invents a method and system for eloping based on
adverse family conditions.
• Catriona develops an automotive application for tracking
whereabouts and habits of users of bikes sold by her
company.
© BANANAIP, 2015
Novelty
Copyright, BananaIP (BIP) Counsels, 2019
• Section 2(1)(l) - New Invention
• Prior Publication
• Public Knowledge
• Public Use
• On Sale
• Public Display
• Public Working
• Single prior art reference
• Inherent anticipation
© BANANAIP, 2015
Inventive Step
Copyright, BananaIP (BIP) Counsels, 2019
• Section 2(1)(ja)
• Technical Advance or Economic Significance and
• Not obvious to a person skilled in the Art.
© BANANAIP, 2015
Secondary Indicia
Copyright, BananaIP (BIP) Counsels, 2019
• Commercial Success
• Copying
• Praise by expert
• Unexpected results
• Long felt need
© BANANAIP, 2015
Example
Copyright, BananaIP (BIP) Counsels, 2019
• Invention
• Chair with Wheels
• Prior Art
• Chairs
• Tables with wheels
© BANANAIP, 2015
Example
Copyright, BananaIP (BIP) Counsels, 2019
Invention: A lane change warning system for a vehicle
comprising of a V2X network (which receives inputs and warnings
from vehicles within a pre-defined distance and direction of the
vehicle), a LIDAR system for detecting presence of vehicles in the
adjoining lanes and at least one camera for providing a video
feed of the detected vehicles to the user.
• Prior art 1: A lane change warning systems for a vehicle, which
can provide alerts to a user of the vehicle, using data received
from adjoining vehicles using a V2X network.
• Prior art 2: A LIDAR system for use in a self driving vehicle for
enabling the vehicle to drive itself.
© BANANAIP, 2015
Specification
Copyright, BananaIP (BIP) Counsels, 2019
• Section 10
• Written Description
• Enablement
• Best Mode
• Claims
• Object: Notice and Dissemination
BananaIP Counsels
Top Ranked IP Firm In India
Copyright, BananaIP (BIP) Counsels, 2019
With the vision of offering high quality, technology, and business driven IP law services following
international standards, Dr. Kalyan Kankanala co-founded BananaIP Counsels (formerly Brain
League) in 2004. The firm incubated from IIMB’s entrepreneurship cell (NSRCEL) and has today
emerged as a top ranked and premier IP firm in India.
Our commitment to excellence led to multiple accomplishments making BananaIP the best and
the most sought-after firm in India where we:
• Built the strongest and best team in India.
• Acquired an enviable client portfolio.
• Developed a reputation for world-class expertise.
• Contributed significantly to the Indian IP law, policy, and eco-system.
• Launched highly specialized, ‘one of its kind’ IP services.
• Integrated modern, cutting edge technologies with proprietary methods to augment the firm’s
top-notch service offerings.
BananaIP differentiates itself from other firms through its achievements and accomplishments in IP
services, contributions to the law and policy framework, and business-driven IP research. The firm
and its partners are recognized and ranked as leaders in the IP industry. They hold honorary
positions with national and international IP committees and research centres, and their views are
regularly cited by leading news organizations, journals and research publications.
Thank You
Contact us
BananaIP Counsels
No 40, 2nd floor, JC Industrial Estate,
3rd Main Road, Kanakapura road,
Bangalore – 560062.
Email: contact@bananaip.com
Intellepedia IP News Updates: https://www.bananaip.com/ip-news-center/
Copyright, BananaIP (BIP) Counsels, 2019

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Session 3 Inventions and Patentability

  • 1. Inventions and Patentability Dr. Kalyan C. Kankanala BananaIP Counsels contact@bananaip.com Copyright, BananaIP (BIP) Counsels, 2019
  • 2. © BANANAIP, 2015 Patentability requirements Copyright, BananaIP (BIP) Counsels, 2019 • Patentable subject matter • Industrial Applicability • Novelty • Inventive Step • Specification
  • 3. © BANANAIP, 2015 Patentable Subject Matter Copyright, BananaIP (BIP) Counsels, 2019 • Product or Process - Section 2(1)(j) • Computer Program • Genetically modified pig • Business method • Massage technique
  • 4. © BANANAIP, 2015 Exclusions Copyright, BananaIP (BIP) Counsels, 2019 • Plants, Animals and Parts (Section 3(j)) • Computer Programs Per Se (Section 3(k) • Medical Methods (Section 3(i)) • Traditional Knowledge (Section 3(p))
  • 5. © BANANAIP, 2015 Example Copyright, BananaIP (BIP) Counsels, 2019 • Som develops an android application for assessing the mood of the caller. The app has automated systems for rejecting calls of bad mood callers. It also can recognize cold callers. • Patentable?
  • 6. © BANANAIP, 2015 Example Copyright, BananaIP (BIP) Counsels, 2019 • Shekar develops an automotive application for tracking cops with speed guns on any high way of choice and alert the driver. When on auto mode, the application also controls the speed of the vehicle. • Patentable Subject Matter?
  • 7. © BANANAIP, 2015 Example Copyright, BananaIP (BIP) Counsels, 2019 • X modifies the open source software developed by Y for V2V communication to suit the safety application of her company's fleet of cars. • Patentable Subject Matter?
  • 8. © BANANAIP, 2015 Industrial Applicability Copyright, BananaIP (BIP) Counsels, 2019 • Section 2(1)(ac) - Capable of Industrial Application • Make • Use • Repeat • Industry
  • 9. © BANANAIP, 2015 Industrial Applicability Copyright, BananaIP (BIP) Counsels, 2019 • Helen invents a method and system for eloping based on adverse family conditions. • Catriona develops an automotive application for tracking whereabouts and habits of users of bikes sold by her company.
  • 10. © BANANAIP, 2015 Novelty Copyright, BananaIP (BIP) Counsels, 2019 • Section 2(1)(l) - New Invention • Prior Publication • Public Knowledge • Public Use • On Sale • Public Display • Public Working • Single prior art reference • Inherent anticipation
  • 11. © BANANAIP, 2015 Inventive Step Copyright, BananaIP (BIP) Counsels, 2019 • Section 2(1)(ja) • Technical Advance or Economic Significance and • Not obvious to a person skilled in the Art.
  • 12. © BANANAIP, 2015 Secondary Indicia Copyright, BananaIP (BIP) Counsels, 2019 • Commercial Success • Copying • Praise by expert • Unexpected results • Long felt need
  • 13. © BANANAIP, 2015 Example Copyright, BananaIP (BIP) Counsels, 2019 • Invention • Chair with Wheels • Prior Art • Chairs • Tables with wheels
  • 14. © BANANAIP, 2015 Example Copyright, BananaIP (BIP) Counsels, 2019 Invention: A lane change warning system for a vehicle comprising of a V2X network (which receives inputs and warnings from vehicles within a pre-defined distance and direction of the vehicle), a LIDAR system for detecting presence of vehicles in the adjoining lanes and at least one camera for providing a video feed of the detected vehicles to the user. • Prior art 1: A lane change warning systems for a vehicle, which can provide alerts to a user of the vehicle, using data received from adjoining vehicles using a V2X network. • Prior art 2: A LIDAR system for use in a self driving vehicle for enabling the vehicle to drive itself.
  • 15. © BANANAIP, 2015 Specification Copyright, BananaIP (BIP) Counsels, 2019 • Section 10 • Written Description • Enablement • Best Mode • Claims • Object: Notice and Dissemination
  • 16. BananaIP Counsels Top Ranked IP Firm In India Copyright, BananaIP (BIP) Counsels, 2019 With the vision of offering high quality, technology, and business driven IP law services following international standards, Dr. Kalyan Kankanala co-founded BananaIP Counsels (formerly Brain League) in 2004. The firm incubated from IIMB’s entrepreneurship cell (NSRCEL) and has today emerged as a top ranked and premier IP firm in India. Our commitment to excellence led to multiple accomplishments making BananaIP the best and the most sought-after firm in India where we: • Built the strongest and best team in India. • Acquired an enviable client portfolio. • Developed a reputation for world-class expertise. • Contributed significantly to the Indian IP law, policy, and eco-system. • Launched highly specialized, ‘one of its kind’ IP services. • Integrated modern, cutting edge technologies with proprietary methods to augment the firm’s top-notch service offerings. BananaIP differentiates itself from other firms through its achievements and accomplishments in IP services, contributions to the law and policy framework, and business-driven IP research. The firm and its partners are recognized and ranked as leaders in the IP industry. They hold honorary positions with national and international IP committees and research centres, and their views are regularly cited by leading news organizations, journals and research publications.
  • 17. Thank You Contact us BananaIP Counsels No 40, 2nd floor, JC Industrial Estate, 3rd Main Road, Kanakapura road, Bangalore – 560062. Email: contact@bananaip.com Intellepedia IP News Updates: https://www.bananaip.com/ip-news-center/ Copyright, BananaIP (BIP) Counsels, 2019