Slide 1
Patentability Requirements
By Dr. Kalyan C. [email protected]: www.kalyankankanala.com
Copyright BananaIP Counsels 2017 - All Rights Reserved
1
Patentability requirementsCopyright BananaIP Counsels 2017 - All Rights ReservedPatentable subject matter
Industrial Applicability
Novelty
Inventive Step
Specification
Patentable Subject MatterCopyright BananaIP Counsels 2017 - All Rights ReservedProduct or Process - Section 2(1)(j)
Computer Program
Genetically modified pig
Business method
Massage technique
ExclusionsCopyright BananaIP Counsels 2017 - All Rights ReservedSection 3(d)
New form Efficacy
New property or use
Mere use of known processNew productNew reactant
ExclusionsCopyright BananaIP Counsels 2017 - All Rights ReservedExplanation: 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
EfficacyNovartis case
ExclusionsCopyright BananaIP Counsels 2017 - All Rights ReservedPlants, Animals and Parts (Section 3(j))
Computer Programs Per Se (Section 3(k)
Medical Methods (Section 3(i))
Traditional Knowledge (Section 3(p))
Section 3(j)Copyright BananaIP Counsels 2017 - All Rights ReservedS. 3(j) - plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
X develops a genetically modified mouse model for testing efficacy of diabetics drugs.
Y develops a genetically modified buffalo model for testing efficacy of fairness formulations.
Subject Matter?
Section 3(k)Copyright BananaIP Counsels 2017 - All Rights ReservedS. 3(k) - a mathematical or business method or a computer programme per se or algorithms;Rakesh develops a method of identifying attentiveness of students in a class.Krishnan develops software for selecting dating partners based on a series of unconventional factors such as Birth Place, Hair Style preference, Shopping Websites and dislikes.Sanjeeth develops an algorithm for sharing music on mobile phones.Subject Matter?
Section 3(i)Copyright BananaIP Counsels 2017 - All Rights ReservedS. 3 (i) any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.Rahul develops a method of identifying onset of viral flu based on mood of a person.Kulkarni develops a method of treating baldness.Anchita develops a process for making farm animals happy and fat. She applies yoga techniques for the same.
Subject Matter ?
Industrial ApplicabilityCopyright BananaIP Counsels 2017 - All Rights ReservedKini, 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?
ExampleCopyright BananaIP Counsels 2017 - All Rights ReservedGuru 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?
Industrial ApplicabilityCopyright BananaIP Counsels 2017 - All Rights ReservedSection 2(1)(ac) - Capable of Industrial Application
Make UseRepeat
Industry
Industrial ApplicabilityCopyright BananaIP Counsels 2017 - All Rights ReservedNeo invents a method of making a dog jump on four legs.
Helen invents a method of eloping based on adverse conditions.
NoveltyCopyright BananaIP Counsels 2017 - All Rights ReservedSection 2(1)(l) - New Invention
Prior PublicationPublic Knowledge Public UseOn SalePublic DisplayPublic Working
Inventive StepCopyright BananaIP Counsels 2017 - All Rights ReservedSection 2(1)(ja)
Technical Advance or Economic Significance and
Not obvious to a person skilled in the Art.
Secondary IndiciaCopyright BananaIP Counsels 2017 - All Rights ReservedCommercial Success
Copying
Praise by expert
Unexpected results
Long felt need
Copyright BananaIP Counsels 2017 - All Rights Reserved
Novelty/Inventive StepPrior Art
Bluetooth Technology
Umbrellas
Invention
Umbrella with Bluetooth
Copyright BananaIP Counsels 2017 - All Rights Reserved
18
SpecificationCopyright BananaIP Counsels 2017 - All Rights ReservedSection 10
Written DescriptionEnablementBest ModeClaims
Object: Notice and Dissemination
Dr. Kalyans Books And NovelsCopyright BananaIP Counsels 2017 - All Rights Reserved
Order online Ebooks and PaperbackCopyright BananaIP Counsels 2017 - All Rights ReservedBuy Now on Instamojo
Email Address : [email protected]
Professional Profile : www.bananaip.com/dr-kalyan-c-kankanala
Authors Profile : www.kalyankankanala.com
Academic Profile : www.ipprof.com
Wiki Page : https://en.wikipedia.org/wiki/Kalyan_Chakravarthy_KankanalaHow to Reach Dr. Kalyan C. KankanalaCopyright BananaIP Counsels 2017 - All Rights Reserved