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A patent is a right to monopolize an invention. A would-be inventor specifies the scope of activities from which he wants to exclude others (the claims), and submits it to the Patent Office. Patent Office evaluates whether these claims depict an invention within the sense of the Patent law and whether the invention is correctly disclosed and industrially applicable (formal examination). Some patent offices will moreover examine whether the invention is new and non-obvious (substantive examination). If the application passes the examination hurdles, the Patent Office grants the applicant exclusive rights to produce and market the invention for a period of 20 years
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Patents & Patent LawPatents & Patent Law
Vijay Kumar M.97 000 29 123
What is a Patent?What is a Patent?
A patent is a right to monopolize an invention. A would-be inventor specifies the scope of activities from which he wants to exclude others (the claims), and submits it to the Patent Office. Patent Office evaluates whether these claims depict an invention within the sense of the Patent law and whether the invention is correctly disclosed and industrially applicable (formal examination). Some patent offices will moreover examine whether the invention is new and non-obvious (substantive examination). If the application passes the examination hurdles, the Patent Office grants the applicant exclusive rights to produce and market the invention for a period of 20 years.
Patentability RequirementsPatentability Requirements
Patentable subject matter Utility Novelty Non obviousness Specification
Patentable Subject matterPatentable Subject matter
This Requirement lays down the list of subjects that are eligible to get a patent as Eligible Subjects and those that are not eligible as Non-Patentable subjects/Inventions.
In order to comply with this requirement the inventions should fall under the eligible subjects and be outside the list of non-patentable inventions.
NoveltyNovelty
New Prior Art Anticipation Public Knowledge Public domain information Ph.D Thesis available in library
Non-ObviousnessNon-Obviousness
Inventive Step Technical advancement or having
economic significance or both Should not be obvious Ordinary person skilled in the art
Utility/ Industrial ApplicationUtility/ Industrial Application
Should be useful in any industry Even if it is used for one single individual
the requirement is meet
SpecificationSpecification
Complete Information about the invention Different Modes and Best mode of
performing the Invention Boundaries of the Invention May contain drawings Should end with claims Claims should be supported by the
description of the invention
Copyright vs PatentsCopyright vs Patents
EXPRESSION IDEA
LITERAL NON-LITERAL
SYMBOLIC FUNCTIONAL
Copyright vs PatentsCopyright vs Patents
Literal/ Non Literal Elements Functional / Non Functional Elements User Interface Reverse Engineering and Fair Use Rights
Copyright Vs. PatentsCopyright Vs. Patents
Copyright Protects the expression of Ideas and not the idea itself
Patent protects idea manifested in form of product or process
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