Patent Basics and laws of patent basics.pptx

patent basics

1. Patent Law (Basics)

2. Trinity requirements for patentability (NUN test) : Novelty Utility Non-Obvious (Have to be satisfied together) - Inventive step, that is, involving technical advance as compared to the existing knowledge, or having economic significance or both, making it non-obvious to the person skilled in the art Trinity Requirements for Patentability

3. The first ingredient: the claimed invention must be a new product or process. Section 2(j) : “Invention” -new product or process involving an inventive step and capable of industrial application. Section 2(l): “New invention"-any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art .

4. Concept of Novelty ( India) The term novelty has not been defined in The Patents Act, 1970. In general terms, Novelty means what is new and original, never seen or done before. The rationale behind novelty is that it makes no sense to grant someone the legal right or patent on something that already exists in public domain .

5. Determination of Novelty Involves two aspects: (a)the invention claimed for protection and (b)the prior art information available in the concerned field. State Of Art( Prior Art): An invention is taken to be novel if it is not anticipated by prior state-of-the-art. The Indian Patents Act does not define the concept of the state of art.

6. (Contd...) In simple terms, the total comprehensive knowledge that existed prior to the filing of or priority date of patent application on the relevant subject. Matter becomes part of the state of the art on the date it first becomes available to the public, wherever in the world this may be, and whatever manner or language the disclosure takes place. There is no limit on the age of the disclosure.

7. Anticipation: Chapter VI In general terms, anticipation means realization in advance. If an invention is anticipated by the prior state of art, it would not be considered novel. Enumerated in Section 29-32 of the Patents Act 1970 It occurs in five ways as given in the Act.

8. Section 29: Anticipation By Previous Publication Certain criteria have to be fulfilled: It must be substantial representation of the invention in full clear terms and exact terms So as to enable a person skilled in the art to make or construe such invention without having to depend on either the patent or his own inventive skills. The Indian Patent Act refers to prior art as that which was published before the claim in any claim for complete specification in:

9. Contd … Any specification filed for obtaining a patent in India on or after 1 st January 1912; In India or elsewhere and also in other documents

10. An invention is also not anticipated when it is communicated to the government or to any other person authorized by the government to investigate the invention or on its merits, or of anything done in consequence of such communication for the purpose of the investigation. Section 30: Anticipation by previous communication to Government

11. Decide ?

12. What all cannot be Patented? Section 3 of Indian Patent Act.

13. Elon musk proposes Humanoid ? Can it be patented !!!!!

14. What about a Killer Bot ?

15. Techniques to improve Agriculture?

16. Suppose ford use gt x 200 with 1.0l turbo engine Now Ferrari comes out with gtx 300 with 1.7l turbo engine can they get patent ?

17. Can you get patent for software code or Formula?