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PATENTABLE AND NON-PATENTABLE INVENTIONS • R. MURALIDHARAN • Advocate, Law Lecturer, Patent and Trademark Attorney • Krishna & Saurastri Associates • No. 17, Seshadri Road, Gandhi Nagar, Bangalore- 9 • [email protected]
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History of Patent System in India
• First Legislation in India was Act XV of 1859. It was enforced by the British Empire on all the states ruled by the British and was not entertained by the Princely States. The Act of 1859 provided protection for invention only and not for designs.
• The Indian Patents and Designs Act of 1911. • Justice Rajagopala Ayyangar Committee Report
of 1957 (Restrictive Patent Regime) • Patent Act 1970
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History of Patent System in India
• Designs Act of 2000 • Patent Amendment Act 2005 (Amended in
order to be compliant with the TRIPS Agreement ratified by India in 1995) – Patent granted for both product and process – Term of Patent extended to 20yrs – Incorporation of Section 3d
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What are Patentable?
• Patent Act as amended by the Act of 2005 does not provide answer to the question –
• Instead the Patent Act in Section 3 lists out various inventions that are not Patentable
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Criteria for Patentability
NUNS Test • Novelty (New) requirement
• Utility (Industrial Applicability)
• Non-obviousness (Inventive step)
• Statutory Subject Matter (Section 3 of the
Indian Patent Act)
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In India, the subject matter is Novel (new) only if it is
not
1. Claimed
2. Published
3. Publicly used
before filing a patent application.
If the subject matter is not novel (new), patent will not
be granted.
Understanding “Novelty” (New) criteria
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Understanding “Utility – Industrial Applicability”
•Invention is capable of being Repeated or used in an Industry • Yielding same results every time.
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Understanding Inventive Step: • It is also referred to as ‘non-obviousness’
• It involves:
Technical advancement as compared to existing knowledge
Having Economic significance
Or Both And
• Should possess at least one feature that is non-obvious to a Person skilled in the art..
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Sec.3:- What are not inventions? The following are not inventions within the meaning of this Act,- (a) An invention which is frivolous or which claims anything obviously contrary to well established natural laws;
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Sec.3:- What are not inventions? (b) An invention, the
primary or intended use or commercial exploitation of which would be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;
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Sec.3:- What are not inventions?
(c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature.
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Sec.3:- What are not inventions? (d) the mere discovery of a
new form of a known substance, which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
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Explanation:- For the purposes of this clause, salts, esters, ethers, poly-morphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.
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Sec.3:- What are not inventions?
(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.
Ex. Oral Rehydrating Solution containing Glucose, Sodium chloride, sodium bicarbonate, and potassium chloride.
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Sec.3:- What are not inventions?
(f) The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
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Sec.3:- What are not inventions? (h) a method of agriculture or
horticulture. (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;
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Sec.3:- What are not inventions?
(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;
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Sec.3:- What are not inventions? (k) a mathematical
or business method or a computer program per se or algorithms;
(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
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Sec.3:- What are not inventions?
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Sec.3:- What are not inventions?
(m) a mere scheme or
rule or method of performing mental act or method of playing game;
Sec.3:- What are not inventions? (n) a presentation of information; (o) topography of
integrated circuits;
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Sec.3:- What are not inventions?
(p) an invention which, in effect, is traditional knowledge of which is an aggregation or duplication of known properties of additionally known component or components.
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SO…..
ARE THESE PATENTABLE?
SOME
ILLUSTRATIONS
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A Battery operated fan enclosed within an Umbrella
ILLUSTRATION : 1
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• A conditioner for treating free-flowing bulk products, especially cereals and oil seeds, such as, e.g., soy or rape, by means of steam and the addition of heat.
• The aim of the invention is to improve said conditioner in such a manner that it requires fewer heating elements and can be produced at lower cost.
• The conditioner is characterized in that at least one element having heating zones is followed by a holding element.
ILLUSTRATION : 2
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ILLUSTRATION : 3
A small umbrella
(“Beerbrella”) – removably attached to a
beverage container in order to shade the
beverage container from the direct rays of the
sun.
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ILLUSTRATION 3…Cont’d
• The apparatus comprises a small umbrella approximately five to seven inches in diameter, although other appropriate sizes may be used within the spirit and scope of the present invention.
• Suitable advertising and/or logos may be applied to the umbrella surface for promotional purposes. The umbrella may be attached to the beverage container by any one of a number of means, including clip, strap, cup, foam insulator, or as a coaster or the like.
• The umbrella shaft may be provided with a pivot to allow the umbrella to be suitably angled to shield the sun or for aesthetic purposes. to allow the umbrella to pivot out of the way when the user drinks from the container.
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ILLUSTRATION : 4
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ILLUSTRATION 4…cont’d
• The present invention provides a method, system and apparatus for robotic refuelling of satellites.
• The system may include a dedicated refuelling satellite launched directly from either earth, or alternatively it could be launched from another larger mother spacecraft or space station.
• The system includes a robotic arm, suitable tools which can be affixed to the end effector of the robotic arm required for accessing, opening, closing the fuel fill valve on the satellite being serviced.
• The system may also be configured to be operated autonomously under computer control
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ILLUSTRATION : 5
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ILLUSTRATION 5…cont’d
• The invention is a space vehicle with a device for thermal protection and braking.
• The unfolding brake structure/heat shield structure (3) is unfolded when the space vehicle (1) enters the atmosphere.
• It has an unfoldable shield of high temperature resistant panels that are mounted on the external structure of the space vehicle so as to be able to be unfolded.
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ILLUSTRATION : 6
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ILLUSTRATION 6… cont’d
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ILLUSTRATION : 7
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ILLUSTRATION : 8
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ILLUSTRATION 8…cont’d • The present invention is a versatile
apparatus for spinning and propelling objects from the spacecraft at a desired high velocity and rotational speed.
• This is accomplished without the use of external arms or catapults or other complex mechanical devices.
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THANK YOU
