patentability requirements - presentation by dr. kalyan c. kankanala at bms college, bangalore

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Patentability Requirements

By Dr. Kalyan C. [email protected]: www.kalyankankanala.com

Copyright BananaIP Counsels 2017 - All Rights Reserved

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Patentability requirementsCopyright BananaIP Counsels 2017 - All Rights ReservedPatentable subject matter

Industrial Applicability

Novelty

Inventive Step

Specification

Patentable Subject MatterCopyright BananaIP Counsels 2017 - All Rights ReservedProduct or Process - Section 2(1)(j)

Computer Program

Genetically modified pig

Business method

Massage technique

ExclusionsCopyright BananaIP Counsels 2017 - All Rights ReservedSection 3(d)

New form Efficacy

New property or use

Mere use of known processNew productNew reactant

ExclusionsCopyright BananaIP Counsels 2017 - All Rights ReservedExplanation: Salts, Esters, Ethers, Polymorphs, Metabolites, Pure forms, Particle size, Isomers, Mixture of isomers, Complexes, Combinations and other Derivatives of a known substance considered same substance

EfficacyNovartis case

ExclusionsCopyright BananaIP Counsels 2017 - All Rights ReservedPlants, Animals and Parts (Section 3(j))

Computer Programs Per Se (Section 3(k)

Medical Methods (Section 3(i))

Traditional Knowledge (Section 3(p))

Section 3(j)Copyright BananaIP Counsels 2017 - All Rights ReservedS. 3(j) - plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

X develops a genetically modified mouse model for testing efficacy of diabetics drugs.

Y develops a genetically modified buffalo model for testing efficacy of fairness formulations.

Subject Matter?

Section 3(k)Copyright BananaIP Counsels 2017 - All Rights ReservedS. 3(k) - a mathematical or business method or a computer programme per se or algorithms;Rakesh develops a method of identifying attentiveness of students in a class.Krishnan develops software for selecting dating partners based on a series of unconventional factors such as Birth Place, Hair Style preference, Shopping Websites and dislikes.Sanjeeth develops an algorithm for sharing music on mobile phones.Subject Matter?

Section 3(i)Copyright BananaIP Counsels 2017 - All Rights ReservedS. 3 (i) any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.Rahul develops a method of identifying onset of viral flu based on mood of a person.Kulkarni develops a method of treating baldness.Anchita develops a process for making farm animals happy and fat. She applies yoga techniques for the same.

Subject Matter ?

Industrial ApplicabilityCopyright BananaIP Counsels 2017 - All Rights ReservedKini, 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?

ExampleCopyright BananaIP Counsels 2017 - All Rights ReservedGuru 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?

Industrial ApplicabilityCopyright BananaIP Counsels 2017 - All Rights ReservedSection 2(1)(ac) - Capable of Industrial Application

Make UseRepeat

Industry

Industrial ApplicabilityCopyright BananaIP Counsels 2017 - All Rights ReservedNeo invents a method of making a dog jump on four legs.

Helen invents a method of eloping based on adverse conditions.

NoveltyCopyright BananaIP Counsels 2017 - All Rights ReservedSection 2(1)(l) - New Invention

Prior PublicationPublic Knowledge Public UseOn SalePublic DisplayPublic Working

Inventive StepCopyright BananaIP Counsels 2017 - All Rights ReservedSection 2(1)(ja)

Technical Advance or Economic Significance and

Not obvious to a person skilled in the Art.

Secondary IndiciaCopyright BananaIP Counsels 2017 - All Rights ReservedCommercial Success

Copying

Praise by expert

Unexpected results

Long felt need


Novelty/Inventive StepPrior Art

Bluetooth Technology

Umbrellas

Invention

Umbrella with Bluetooth


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SpecificationCopyright BananaIP Counsels 2017 - All Rights ReservedSection 10

Written DescriptionEnablementBest ModeClaims

Object: Notice and Dissemination

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