Professional Documents
Culture Documents
By
Kalyan C Kankanala
Chief Knowledge Officer
Brain League IP Services
kalyan@brainleague.com
Usefulness
Novelty
Non-obviousness
Specification
PATENTS
How to frame an issue?
Example
• Example: A stabs B with a long knife after being
provoked byB's statemements about his wife.
• Issue
• Whether A's act of stabing B with a long knife
with the intention of killing him amounts to
murder under section 300 of IPC?
• Wheter A's act of stabing B after being
provoked by B's humiliating statements
amounts to murder under section 300 of IPC?
Patentable Subject Matter
• Section 101 - Process, machine, manufacture,
composition of matter and Improvements
• Rhizobium bacteria
• Innoculum of mutually inhibiting
bacteria
• Is it a product of nature?
Chakrabarty's case
• Psuedomonas bacteria
• Four different plasmids inserted.
• Is it a product of Nature?
Utility
• Current
• Substantial
• Credible
• Brenner v. Manson
• Gene/protein sequences
Novelty
• Section 102
• Know of used
• Patented or published
• Public use or On sale
• Abandoned
• Foreign Priority
• Patented in another country
Novelty
• Derived
• Suppressed or Concealed
• Diligence
• Single prior art reference
• Isolated or purified- activity
• Hybritech v. Monoclonal
Nonobviousness
• Scope of prior art
• Differeneces- invention and prior art
• Level of oridnary skill
• Secondary Indiicia
Kalyan C. Kankanala
Chief Knowledge Officer,
Brain League IP Services
Email: kalyan@brainleague.com
Ph: 91-80-41489502/4
URL: www.brainleague.com
Blog: http://indianipinfo.blogspot.com/