This presentation was delivered by Dr. Kalyan C. Kankanala at the National Law School of India University (NLSIU), Bangalore, as part of the Patent law course offered to PGDIP students. It provides a comprehensive examination of patentability requirements under Indian patent law, including the principal grounds on which patent protection may be refused.
The presentation covers:
- Introduction to Patentability Requirements and their role in the Patent System in India;
- The Patent Filter Model;
- Patentable Subject Matter – Eligible Subjects and Ineligible Subjects;
- Inventions and Non-Patentable Subject Matter;
- Section 3 Exclusions with special reference to Section 3(d);
- Novartis Case – New Form, Known Substance, Known Efficacy;
- Computer Programs Per Se;
- Traditional Knowledge and Patentability;
- Genetic Engineering and Patentability;
- Life Forms and Patentability;
- Industrial Applicability – make, use and repeat;
- Futuristic and Insubstantial Inventions;
- Novelty and Doctrine of Inherency;
- Inventive Step and Secondary Indications
- Specification – Written Description, Enablement and Patent Claims; and
- Class Exercise on analyzing novelty and inventive step.
The presentation
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.