Patents & Patent LawPatents & Patent Law

Vijay Kumar M.97 000 29 123

What is a Patent?What is a Patent?

A patent is a right to monopolize an invention. A would-be inventor specifies the scope of activities from which he wants to exclude others (the claims), and submits it to the Patent Office. Patent Office evaluates whether these claims depict an invention within the sense of the Patent law and whether the invention is correctly disclosed and industrially applicable (formal examination). Some patent offices will moreover examine whether the invention is new and non-obvious (substantive examination). If the application passes the examination hurdles, the Patent Office grants the applicant exclusive rights to produce and market the invention for a period of 20 years.

Patentability RequirementsPatentability Requirements

Patentable subject matter Utility Novelty Non obviousness Specification

Patentable Subject matterPatentable Subject matter

This Requirement lays down the list of subjects that are eligible to get a patent as Eligible Subjects and those that are not eligible as Non-Patentable subjects/Inventions.

In order to comply with this requirement the inventions should fall under the eligible subjects and be outside the list of non-patentable inventions.

NoveltyNovelty

New Prior Art Anticipation Public Knowledge Public domain information Ph.D Thesis available in library

Non-ObviousnessNon-Obviousness

Inventive Step Technical advancement or having

economic significance or both Should not be obvious Ordinary person skilled in the art

Utility/ Industrial ApplicationUtility/ Industrial Application

Should be useful in any industry Even if it is used for one single individual

the requirement is meet

SpecificationSpecification

Complete Information about the invention Different Modes and Best mode of

performing the Invention Boundaries of the Invention May contain drawings Should end with claims Claims should be supported by the

description of the invention

Copyright vs PatentsCopyright vs Patents

EXPRESSION IDEA

LITERAL NON-LITERAL

SYMBOLIC FUNCTIONAL

Copyright vs PatentsCopyright vs Patents

Literal/ Non Literal Elements Functional / Non Functional Elements User Interface Reverse Engineering and Fair Use Rights

Copyright Vs. PatentsCopyright Vs. Patents

Copyright Protects the expression of Ideas and not the idea itself

Patent protects idea manifested in form of product or process

QA&

Q&AQ&A

Vijay Kumar M

IP Markets

vijay@ipmarkets.in

+91 -9293123797

+91-40-23305525

+91-97000 29123