patent: a presentation on 'patent analysis and report writing' by ms. vinita radhakrishnan
TRANSCRIPT
PATENT ANALYSIS
Connexios Life Sciences
© Connexios Life Sciences 2010
Types of Patent Search analysis
Patentability Analysis Infringement Analysis Freedom to operate analysis Competitor watch Technology Landscape
Patentability Analysis
Patentability Analysis
Patentable Subject matter Industrial Applicability Novelty Inventive Step
Patentable Subject matter
India Product Process Exclusions
US Process, Machine, Article of Manufacture,
Composition and Combination there of. Exclusions
Example:
Coke Bottle
Example
Genetically modified dog
Example
Time machine
Example
e=mc2
Example
Industrial Applicability
can be made, can be used in atleast one field of activity and can be reproduced with the same characteristics as
many times as necessary.
Example
Novelty
Prior Art Single Prior Art Reference at a time
Prior Art 1
Prior Art 2
Prior Art 3
Prior Art 4
Inventive Step
Technical advance Combination of prior art Not obvious to PHOSITA
OR
Economic Significance
Combination of Prior Art reference
Writing the Report
IRAC Issue Requirement by the law Analysis Conclusion
Example
Invention Disclosure
Summary of the Invention Elements of the Invention
Issue
Main Issue Whether the disclosed invention is patentable?
Sub Issues Does the invention Qualify as a patentable subject
matter? Does it have industrial applicability? Is it Novel in the light of Prior art? Does it have inventive step?
Do u need any additional info??
Questions to be asked
Technical What is the problem the invention is looking to solve How is the problem solved? What is the most critical feature of the invention
Non technical Jurisdiction Date of the invention
Analysis and Conclusion
Apply the relevant law to the disclosed invention and explain why the invention qualifies or disqualifies the requirement.
Conclude based on your Analysis
Novelty and Inventive Step
Step 1: Validity of Prior art reference Step 2: Novelty Analysis of each PA Step 3: Inventive Step Analysis of combination of
PA.
Novelty: One prior art reference at a time
Novelty: One prior art reference at a time
Inventive Step
Do not analyze in retrospect.
Class Discussion I
Invention
“Machine for cutting plants, in particular grass, characterized in that it comprises means for pedaling and a seat”
What are we talking about?
Lawn Mower
Patentable Subject matter
YES NO
Industrial Applicability
YES NO
Prior Art 1
Prior Art 2
Prior Art 3
Combination of Prior Art Reference
