patentability requirements

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Analyzing Patentability of Inventions

Dr. Kalyan C. Kankanala

kalyanckankanala@gmail.com

www.kalyankankanala.com

Blog: www.sinapseblog.com

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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 Step

Section 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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A Tale of Patents, Drugs, Health Care and Greed

“A blind lawyer, a virus outbreak, a dog that dreams and a patent infringement case. Dr. Kalyan Kankanala’s debut fiction, Road Humps and Sidewalks: The Path less travelled is an engrossing fast-paced legal thriller”

- The Hindu

For details: www.kalyankankanala.com

Tuesday, April 11, 2023

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Thank you

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