Analyzing Patentability of Software Inventions
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© BananaIP 2009. Private Use is Permitted. Analyzing Patentability of Software Inventions Dr. Kalyan C. Kankanala [email protected] www.bananaip.com Blog: http://www.bananaip.com/sinapse- blog
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Dr.Kalyan has given a presentation on 'Analyzing patentability of software inventions' . The presentation throws light on the different stages that a patent application has to pass through before it is granted. basic requirements of patentability, exclusions to patentable subject matter have also been dealt with. Dr. Kalyan's patent filter model has also been explained.
Transcript of Analyzing Patentability of Software Inventions
© BananaIP 2009. Private Use is Permitted.
Analyzing Patentability of Software Inventions
Dr. Kalyan C. [email protected]
Blog: http://www.bananaip.com/sinapse-blog
Invention
Patent
Inventor report
Invention disclosure
Patent search
Patent application
Filing
Prosecution
Patent Grant
Patentablity Opinion
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Patentability requirements
Patentable subject matter
Utility
Novelty
Nonobviousness
Specification
© BananaIP 2009. Private Use is Permitted
INVENTIONS
Subject Matter
Usefulness
Novelty
Non-obviousness
Specification
PATENTS
Kalyan’s Patent Filter Model
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Patentable Subject Matter
Process, machine, manufacture, composition of matter and Improvements
Product or Process
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ExclusionsAbstract Ideas, Physical Phenomenon and
Laws of Nature.
Function of a machine
Mental steps
Mathematical Algorithm
India
Computer Programs Per se
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Diamond v. Diehr
Process for vulcanizing rubber
Signal to open mold
Physical effect
Part of a process
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State Street Bank Case
Hub and Spoke Software
Calcuate share of profits in mutual funds
Concrete, Useful and Tangible Result
Business Method Exception
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Bilski Case
Method of hedging risk
Machine or Transformation test
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Subject Matter?
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Utility
Current
Substantial
Credible
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Novelty
Known or used
Patented or published
Public use or On sale
Abandoned
Foreign priority
Patented in another country
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Novelty
Derived
Suppressed or Concealed
Diligence
Single prior art reference
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Nonobviousness
Scope of prior art
Differences- invention and prior art
Level of ordinary skill
Secondary Indicia
At the time of conception
Obvious to try
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Secondary Indicia
Commercial Success
Copying
Praise by expert
Unexpected results
Long felt need
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Specification
Written Description
Enablement
Best Mode
Claims
Object: Notice and Dissemination
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Analyzing Patentablity
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Example
A software for identifying the origin of an individual based on voice?
A software for routing calls based on subject matter?
Patentable?
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Thank YouFor more info:
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http://www.bananaip.com/sinapse-blog
