presentation on patent law basics by dr. kalyan c. kankanala, brain league ip services now bananaip
TRANSCRIPT
© 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
INVENTIONS
Subject Matter
Usefulness
Novelty
Non-obviousness
Specification
PATENTS
Kalyan’s Patent Filter Model
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
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
© Brain League IP Services Pvt. Ltd.-2006
Specification
Written Description
Enablement
Best Mode
Claims
Object: Notice and Dissemination
© 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