© Brain League IP Services Pvt. Ltd. Now BananaIP-2006

Patent Law Basics

By

Dr. Kalyan C. Kankanala

Brain League IP Services now BananaIP

Inventor/ Investor

Incentives

Public Domain

Invention

Patent

Patent RegimeGive and Take

Progress of Science and Technology

Invent

Invest

Disclose

Design

Around

Indian Patent Law

The Patents Act, 1970

Amendments in 1999, 2002 and 2005.

The Patent Rules, 1972

Amended last in 2006

Draft Manual

Case Laws

International Instruments

Paris Convention

Patent Co-operation Treaty

Agreement on TRIPS

Patentability requirements

Patentable subject matter

Utility

Novelty

Nonobviousness

Specification

INVENTIONS

Subject Matter

Usefulness

Novelty

Non-obviousness

Specification

PATENTS

Kalyan’s Patent Filter Model

Patentable Subject Matter

Product or Process

Exclusive Marketing Rights

Section 5

ExclusionsIndia

Section 3

Ineligible subjects

ExclusionsFrivolous, Obvious or Contary to Natural LawsContrary to Public Order or MoralityPrejudicial to animal or plant life/health or

environmentScientific Principle or Abstract TheoryDiscoveryMere Discovery or

New form of a known substanceEnhancement of efficacy

New Property or New Use

ExclusionsMere Admixture

Synergistic effectMere arrangement of known substancesMedical MethodsAgricultural methodsPlants and Animals or Parts

MicroorganismsComputer Program Per seMathematical Method, Business Method or

AlgorithmCopyrightable worksMere Scheme or Rule

Exclusions

Mental Act or Method of Playing a Game

Presentation of information

Topography if ICs

Traditional Knowledge

Atomic Energy

Industrial Applicability

Make

Use

Repeat

NoveltyKnown or used

Patented

Published

Displayed

Public use

On sale

Derived

Foreign priority

Single Prior Art Reference

Nonobviousness

Scope of prior art

Differences- invention and prior art

Level of ordinary skill

Secondary Indicia

At the time of conception

Obvious to try

Secondary Indicia

Commercial Success

Copying

Praise by expert

Unexpected results

Long felt need

© Brain League IP Services Pvt. Ltd.-2006

Specification

Written Description

Enablement

Best Mode

Claims

Object: Notice and Dissemination

Example 1

Chair with wheels

Prior Art

Chair

Wheels for toys

© Brain League IP Services Pvt. Ltd.-2006

Example 2

1 mm thick pouch made of plastic to hold viscous oils

Prior Art

Plastic water bottles

Article on thickness of plastic and wear and tear based on fluid viscosity

© Brain League IP Services Pvt. Ltd.-2006

Example 3

Voice Mail Box

Prior Art

Telephony

Voice Recorders

Example 4

Genetically modified dog - Size of a bull

Prior Art

Genetically modified mouse

Process of genetic modification

© Brain League IP Services Pvt. Ltd. Now BananaIP -2006

Thank You