Analyzing Patentability of inventions

Nitin NairBananaIP

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Patents – Patentability Criteria

- Subject Matter

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- Novelty

- Non-obviousness

- Utility/Industrial Application

- Specification

Patentable Subject Matter

- Mere arrangement of known devices working independently of each other- A mathematical or business method

- Product/Process

Exceptions:

- Computer programs, per se- Algorithms

- Presentation of information

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Novelty

- Determined in light of a single prior art reference

- All elements should be present in a single prior art reference

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Non-obviousness

- Should be non-obvious to a person of ordinary skill in the art, in light of multiple prior art references

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Patents – Industrial Utility

- Capable of being used in an industry

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Patent Search - steps

- Splitting an invention into elements

- Creating keywords for the elements

- Shortlisting the results

- Analyzing the patentability of the invention

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Patent Search - exampleA method for reverse charging during a SIP session, where the reverse charging may be for the entire/partial session, all/partial media content in the session

Elements:

- A method for reverse charging during a SIP session

- A method for reverse charging during a SIP session, where the reverse charging may be for the entire/partial session- A method for reverse charging during a SIP session, where the reverse charging may be for all/partial media content in the session

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Patent Search - example

A method for reverse charging during a SIP session, where the reverse charging may be for the entire/partial session, all/partial media content in the session

Keywords: SIP networks, SIP sessions, reverse charging.

Novelty - Example

A method for reverse charging during a SIP session, where the reverse charging may be for the entire/partial session, all/partial media content in the session

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Prior Art: A method for reverse charging during the setup of a SIP session.

Non-obviousness - Example

A method for reverse charging during a SIP session, where the reverse charging may be for the entire/partial session, all/partial media content in the session

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Prior Art 1: A method for reverse charging during the setup of a SIP session.

Prior Art 2: A method for reverse charging during a SIP session, where the reverse charging may be for the entire/partial session.

Patent Search - USPTO

- http://patft.uspto.gov

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Patent Search - WIPO

http://www.wipo.int

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Patent Search – WIPO (Cont’d)

http://www.wipo.int

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Patent Search – EPOhttp://ep.espacenet.com

Patent search - others

- Google Patents

- Free Patents Online

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(c) BananaIP, 2010

Thank YouNitin Nair

nitin@bananaip.com9901633100

Web: www.bananaip.com

Blog: www.bananaip.com/sinapse-blog