Patent and start-ups- Can we patent?

2

Overview

• What can be patented?

• What cannot be patented?

• Is your invention patentable?

CautionThis is a very intensive set of Patent 10 minutes slides.But don’t let it intimidate you. Your best buddy who canaccompany you for the next 10 minutes… A cup of coffee.!!

What can be patented?

Process

Process for making a chemical

compound

Machine

Television

Smart phones

Manufactured Article

A bicycle

A Table

Composition of matter

A shampoo

A cleaning solution

Patentable Subject Matter

What cannot be patented?

Idea or suggestion

Scientific theories or mathematical

formulae

E.g. E=mc2

Biological process for the production of

plant or animal

E.g. photosynthesis

A method of treatment or diagnosis

E.g. Biopsy

Animal

E.g. Your pet dog

Law of nature

E.g. Gravity

Is your invention patentable?

NovelNovel

UsefulUseful

NonNon--obviousobvious

Your invention can only be patented if you satisfy the all the NUN criteria.

• Your invention is compared to anything that is created in the past

• Not publicly disclosed in any form, anywhere in the world

• If disclosed, it must not be more than 1 year prior to the date of patent application (also known as Prior Art in United States)

Novel

• Your invention must have a useful purpose.

• Rejection on utility is not very common.

• If so, present one of the following:– a working model (esp. for

medical inventions),– testimony of experts, or – test results.

Useful

Non-obviousness

• Toughest criteria to pass as it can be very subjective

• Differences between your invention and prior art to a skilled person with the working knowledge in the relevant field

• Consider the following factors:– Scope and content of prior art– Level of ordinary skill in the art– Differences between prior art and

claims at issue

That’s not all…We have more to distress you….

Your invention must also be…

Credible Don’t bother to prove that a time machine works.

PracticalIf your invention involves crushed rocks of nano-size and

there is no machine that can produce that, your inventionis equally useless.

Patented by the inventor him/herselfEven the family members are not allowed to file for the

patent.

If your invention is…

known in U.S. before your date of invention

patented or described anywhere in a printed publication ≥ 1 year before you file your application

already in use in U.S. ≥ 1 year before you file the application

patented elsewhere before filing an application in U.S. (unless the foreign application was filed ≤ 1 year before the U.S. application)

Then, you should modify or reinvent your invention…. because your invention cannot be patented in U.S..

About IP guide for Start-ups

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