analyzing patentability of inventions
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© BananaIP -2007
Analyzing Patentability of Inventions
Kalyan Kankanala
kalyan@bananaip.com
Blog: http://www.bananaip.com/sinapse-blog
Books: www.kalyankankanala.com
© BananaIP -2007
Patentability requirements
Patentable subject matter
Industrial Applicability
Novelty
Inventive Step
Specification
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Patentable Subject Matter
Product or Process - Section 2(1)(j)
Computer Program
Genetically modified pig
Business method
Massage technique
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ExclusionsSection 3(d)
New form
Efficacy
New property or use
Mere use of known process
New product
New reactant
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ExclusionsExplanation: Salts, Esters, Ethers, Polymorphs, Metabolites, Pure forms, Particle size, Isomers, Mixture of isomers, Complexes, Combinations and other Derivatives of a known substance considered same substance
Efficacy
Novartis case
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Exclusions
Plants, Animals and Parts (Section 3(j))
Computer Programs Per Se (Section 3(k)
Medical Methods (Section 3(i))
Traditional Knowledge (Section 3(p))
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Example
Kodi identifies and inserts a gene in a hen which leads to the increase in the output of eggs, sixty luminiscent eggs per month). He is interested in getting a patent on his invention.
Can he get a patent and if yes, on what?
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ExampleSom 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?
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ExampleKini, a house wife and follower of Baba
Ramdev, develops a method of performing yoga that will help astronauts adapt to low gravity environments. She wishes to file for a patent in India.
Will there be any issues with patentable subject matter?
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ExampleCoconut Nair inherits traditional knowledge
with respect to ayurvedic formulations for improving immunity and promoting healthy living from his ancestors. After researching on the formulations, he isolates active ingredients from three of the formulations and prepares tablets for enhancing immunity.
Is his invention patentable subject matter?
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Industrial ApplicabilitySection 2(1)(ac) - Capable of Industrial
Application
Make
Use
Repeat
Industry
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Industrial Applicability
Neo invents a method of making a dog jump on four legs.
Helen invents a method of eloping based on adverse conditions.
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NoveltySection 2(1)(l) - New Invention
Prior Publication
Public Knowledge
Public Use
On Sale
Public Display
Public Working
Single prior art reference
Inherent anticipation
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Inventive StepSection 2(1)(ja)
Technical Advance or Economic Significance and
Not obvious to a person skilled in the Art.
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Secondary Indicia
Commercial Success
Copying
Praise by expert
Unexpected results
Long felt need
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ExampleInvention
Chair with Wheels
Prior Art
Chairs
Tables with wheels
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Example
Invention
Stent coated with Taxol
Prior Art
Stents
Many Anti-cancer agents including Taxol
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SpecificationSection 10
Written Description
Enablement
Best Mode
Claims
Object: Notice and Dissemination
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Example
The invention relates to a composition comprising Ginger, Radish, Celery and Black seed for enhancing male fertility.
Prior art
Independent use of Ginger, Radish, Celery andBlack seed as Aphrodisiac and Spermatogenic in Ayurveda and Unani systems of medicine.
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Patent Fiction
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Thank you
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www.bananaip.com/sinapse-blog
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