Patent Law Basics

Patent Law Basics

By Dr. Kalyan C. Kankanala Brain League IP Services

© Brain League IP Services Pvt. Ltd.-2006

Inventor/ Investor

Invent

Invest Disclose Design Around

Incentives

Patent Regime Invention

Give and Take

Progress of Science and Technology Patent Public Domain

Indian Patent Law The Patents Act, 1970 Amendments in 1999, 2002 and 2005. The Patent Rules, 1972 Amended last in 2006 Draft Manual Case Laws

© Brain League IP Services Pvt. Ltd.-2006

International Instruments Paris Convention Patent Co-operation Treaty Agreement on TRIPS

© Brain League IP Services Pvt. Ltd.-2006

Patentability requirements Patentable subject matter Utility Novelty Nonobviousness Specification

© Brain League IP Services Pvt. Ltd.-2006

INVENTIONS

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

PATENTS © Brain League IP Services Pvt. Ltd.-2006

Patentable Subject Matter Product or Process Exclusive Marketing Rights Section 5 © Brain League IP Services Pvt. Ltd.-2006

Exclusions India Section 3 Ineligible subjects

© Brain League IP Services Pvt. Ltd.-2006

Exclusions Frivolous, Obvious or Contary to Natural Laws Contrary to Public Order or Morality Prejudicial to animal or plant life/health or environment Scientific Principle or Abstract Theory Discovery Mere Discovery or New form of a known substance Enhancement of efficacy New Property or New Use

© Brain League IP Services Pvt. Ltd.-2006

Exclusions Mere Admixture Synergistic effect Mere arrangement of known substances Medical Methods Agricultural methods Plants and Animals or Parts Microorganisms Computer Program Per se Mathematical Method, Business Method or Algorithm Copyrightable works Mere Scheme or Rule

© Brain League IP Services Pvt. Ltd.-2006

Exclusions Mental Act or Method of Playing a Game Presentation of information Topography if ICs Traditional Knowledge Atomic Energy

© Brain League IP Services Pvt. Ltd.-2006

Industrial Applicability Make Use Repeat

© Brain League IP Services Pvt. Ltd.-2006

Novelty Known or used Patented Published Displayed Public use On sale Derived Foreign priority Single Prior Art Reference © Brain League IP Services Pvt. Ltd.-2006

Nonobviousness Scope of prior art Differences- invention and prior art Level of ordinary skill Secondary Indicia At the time of conception Obvious to try © Brain League IP Services Pvt. Ltd.-2006

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

© Brain League IP Services Pvt. Ltd.-2006

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

© Brain League IP Services Pvt. Ltd.-2006

Example 1 Chair with wheels Prior Art Chair Wheels for toys

© Brain League IP Services Pvt. Ltd.-2006

Example 2 1 mm thick pouch made of plastic to hold viscous oils Prior Art Plastic water bottles Article on thickness of plastic and wear and tear based on fluid viscosity © Brain League IP Services Pvt. Ltd.-2006

Example 3 Voice Mail Box Prior Art Telephony Voice Recorders

© Brain League IP Services Pvt. Ltd.-2006

Example 4 Genetically modified dog - Size of a bull Prior Art Genetically modified mouse Process of genetic modification © Brain League IP Services Pvt. Ltd.-2006

Thank You

© Brain League IP Services Pvt. Ltd.-2006