introduction to patent law - a presentation by dr. kalyan c. kankanala at the acharya institute of...
TRANSCRIPT
Patent LawAn Introduction
Dr. Kalyan C. [email protected]
www.bananaip.comBooks: www.kalyankankanala.com
Blog: www.sinapseblog.com
www.sinapseblog.com www.bananaip.com(C) BANANAIP
Inventor/ Investor
Incentives
Public Domain
Invention
Patent
Patent RegimeGive and Take
Progress of Science and Technology
Invent
Invest
Disclose
Design
Around
Copyright 2015 BananaIP Counsels
Patentability Requirements
• Inventions
• Patentable Subject Matter• Industrial Applicability• Novelty• Inventive Step• Specification
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Patentable Subject Matter• Two Prongs
• Eligible Subjects - Products or Processes
• Excluded Subjects/Inventions
Inventions Not Patentable
• Computer Programs Per Se• Business Methods and Medical
Methods• Plants, Animals and Parts• New Forms of Known Substances• Traditional Knowledge
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Example• Imatinib is known for treating
cancer. Novartis develops a more stable form of Imatinib - Imatinib Masylate in Beta Crystalline Form. It has higher bio-availability when compared to Imatinib.
• Patentable Subject Matter?
• Novartis Case(C) BANANAIP
Example• Som develops an android
application for assessing the mood of the caller. The app has automated systems for rejecting calls of bad mood callers. It also can recognize cold callers.
• Patentable?
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Example
• Kodi identifies and inserts a gene in a hen which leads to the increase in the output of eggs, sixty luminiscent eggs per month). He is interested in getting a patent on his invention.
• Can he get a patent and if yes, on what?
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Example• Kini, 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?
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Example• Kobari 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?
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Industrial Applicability• Capable of Industrial Application
• Make • Use• Repeat
• Industry
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Novelty• New• In the light of Prior Art
• Prior Publication• Prior Knowledge• Prior Use• Prior Patent
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Inventive Step• Combination of Prior Art• Not Obvious• Person Skilled in the Art
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Example• Invention
• Chair with Wheels
• Prior Art
• Chairs• Tables with wheels
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Specification• Written Description• Enablement• Best Mode• Claims
Patent Process
• Filing• Publication• Examination• Grant• Opposition - Pre-Grant/Post-Grant• Renewal
• Term: 20 Years• Territorial
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Patent Rights
• Territory
• Product Patent - Make, Use, Sell, Offer for Sale and Import.
• Process patent - Use
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Patent Infringement
• Direct Infringement• Literal• Equivalence• Contributory Infringement
• FTO Analysis
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CLAIM CONSTRUCTIONClaimPreamble
Transition
Body
•I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.
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Is This Product Infringing?
• A ceiling fan having a base to be attached to the ceiling and which has a hollow rod connected to the base. The hollow rod is connected to a circular rotor having 4 wings.
• I claim a 'ceiling fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.
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Defenses• Government Use• Research and Education• Parallel Imports• Government Approval
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Dr. Kalyan Kankanala’s Bookswww.kalyankankanala.com
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Pre-order Upcoming Books By Dr. Kalyan
Dogs are mysteriously disappearing in the city of gardens, Bangalore. The Dog Mafia is organized, aggressive and ruthless. Overburdened with work, the police are least interested in pursuing complaints of missing dogs. Two young boys, Appu and Chinnu, decide to go after the Dog Mafia.
They get off to a bad start, and lose their beloved dog, Susie, to the Dog Mafia. Their quest for Susie takes them through a journey filled with fun, adventure and enlightenment.
This book will be an interesting read for dog lovers, fun lovers and children.
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Copyright 2015 BananaIP Counsels
SiNApSE India’s First Intellectual Property News App
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THANK YOU
How to reach Dr. Kalyan Kankanala:♦Email: [email protected]
♦Phone: +91 80 2686 0414 / 24 / 34
♦Web: www.bananaip.com
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