Patentability requirements

© BananaIP -2007

Analyzing Patentability of Inventions

Dr. Kalyan C. Kankanala

[email protected]

www.kalyankankanala.com

Blog: www.sinapseblog.com

© BananaIP -2007

Patentability requirements

Patentable subject matter

Industrial Applicability

Novelty

Inventive Step

Specification

© BananaIP -2007

Patentable Subject Matter

Product or Process - Section 2(1)(j)

Computer Program

Genetically modified pig

Business method

Massage technique

© BananaIP -2007

ExclusionsSection 3(d)

New form

Efficacy

New property or use

Mere use of known process

New product

New reactant

© BananaIP -2007

ExclusionsExplanation: 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

Efficacy

Novartis case

© BananaIP -2007

Exclusions

Plants, Animals and Parts (Section 3(j))

Computer Programs Per Se (Section 3(k)

Medical Methods (Section 3(i))

Traditional Knowledge (Section 3(p))

© BananaIP -2007

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?

© BananaIP -2007

ExampleSom 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?

© BananaIP -2007

ExampleKini, 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?

© BananaIP -2007

ExampleCoconut 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?

© BananaIP -2007

Industrial ApplicabilitySection 2(1)(ac) - Capable of Industrial

Application

Make

Use

Repeat

Industry

© BananaIP -2007

Industrial Applicability

Neo invents a method of making a dog jump on four legs.

Helen invents a method of eloping based on adverse conditions.

© BananaIP -2007

NoveltySection 2(1)(l) - New Invention

Prior Publication

Public Knowledge

Public Use

On Sale

Public Display

Public Working

Single prior art reference

Inherent anticipation

© BananaIP -2007

Inventive Step

Section 2(1)(ja)

Technical Advance or Economic Significance and

Not obvious to a person skilled in the Art.

© BananaIP -2007

Example

Invention

Stent coated with Taxol

Prior Art

Stents

Many Anti-cancer agents including Taxol

© BananaIP -2007

SpecificationSection 10

Written Description

Enablement

Best Mode

Claims

Object: Notice and Dissemination

© BananaIP -2007

Example

The invention relates to a composition comprising Ginger, Radish, Celery and Black seed for enhancing male fertility.

Prior art

Independent use of Ginger, Radish, Celery andBlack seed as Aphrodisiac and Spermatogenic in Ayurveda and Unani systems of medicine.

© BananaIP -2007

A Tale of Patents, Drugs, Health Care and Greed

“A blind lawyer, a virus outbreak, a dog that dreams and a patent infringement case. Dr. Kalyan Kankanala’s debut fiction, Road Humps and Sidewalks: The Path less travelled is an engrossing fast-paced legal thriller”

- The Hindu

For details: www.kalyankankanala.com

Tuesday, April 11, 2023

http://www.kalyankankanala.com/

Patentability requirements

Health & Medicine

Transcript of Patentability requirements