Patentability Analysis

By Dr. Kalyan C. Kankanala

kalyan@bananaip.comwww.bananaip.com

Writings: www.kalyankankanala.com

Patentability requirements

• Patentable subject matter

• Industrial Applicability

• Novelty

• Inventive Step

• Specification

Patentable Subject Matter

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

• Computer Program

• Genetically modified pig

• Business method

• Massage technique

Exclusions

Section 3(d)

New form • Efficacy

• New property or use

Mere use of known process• New product• New reactant

Exclusions

Explanation: 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

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))

Section 3(j)

S. 3(j) - plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

X develops a genetically modified mouse model for testing efficacy of diabetic’s drugs.

Y develops a genetically modified buffalo model for testing efficacy of fairness formulations.

Subject Matter?

Section 3(k)

S. 3(k) - a mathematical or business method or a computer programme per se or algorithms; Rakesh develops a method of identifying attentiveness of students in a class. Krishnan develops software for selecting dating partners based on a series of unconventional factors such as Birth Place, Hair Style preference, Shopping Websites and dislikes. Sanjeeth develops an algorithm for sharing music on mobile phones. Subject Matter?

Section 3(i)

S. 3 (i) any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products. Rahul develops a method of identifying onset of viral flu based on mood of a person. Kulkarni develops a method of treating baldness. Anchita develops a process for making farm animals happy and fat. She applies yoga techniques for the same.

Subject Matter ?

Industrial Applicability

Kini, 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?

Example

Guru 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?

Section 2(1)(ac) - Capable of Industrial Application

• Make • Use• Repeat

Industry

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

Helen invents a method of eloping based on adverse conditions.

Novelty

Section 2(1)(l) - New Invention

• Prior Publication• Public Knowledge • Public Use• On Sale• Public Display• Public Working

Inventive Step

Section 2(1)(ja)

Technical Advance or Economic Significance and

Not obvious to a person skilled in the Art.

Secondary Indicia

• Commercial Success

• Copying

• Praise by expert

• Unexpected results

• Long felt need

Example

Invention

• Chair with Wheels

Prior Art

• Chairs• Tables with wheels

Example

Invention

• Stent coated with Taxol

Prior Art

• Stents• Many Anti-cancer agents including Taxol

Specification

Section 10

• Written Description• Enablement• Best Mode• Claims

Object: Notice and Dissemination

Dr. Kalyan’s Books And Novels

Email Address : kalyan@bananaip.com

Professional Profile : www.bananaip.com/dr-kalyan-c-kankanala

Authors Profile : www.kalyankankanala.com

Academic Profile : www.ipprof.com

Wiki Page : https://en.wikipedia.org/wiki/Kalyan_Chakravarthy_Kankanala

How to Reach Dr. Kalyan C. Kankanala

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