Inventive Step | Intellepedia

Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High Court

The Delhi High Court set aside a Patent Office order rejecting Gogoro Inc’s application for lack of inventive step, citing inadequate reasoning. The case was remanded for proper analysis under Section 2(1)(ja) of the Patents Act.

Patentability Requirements in India

This post explores the five patentability requirements under Indian law, including subject matter, novelty, inventive step, industrial applicability, and specification. It discusses statutory provisions, key case law, and practical considerations in patent grant and validity assessments.

The Chemtura Case – Assent from US’ BPAI, but Dissent from India’s IPAB

The Chemtura case highlights IPAB’s approach to inventive step and patent revocation in contrast with the US BPAI’s grant. The decision underscores the significance of precise drafting and timely disclosure under Indian patent law.

Inventive Step of an Invention Analysed

This post examines the Green Cross Holdings case, where the Indian IPAB upheld the rejection of a patent application for lacking inventive step. The analysis highlights legal standards of obviousness and inventive step under Indian patent law, emphasizing the importance of prior art disclosure.

Inventive Step – Technical Advance

The post analyses an IPAB decision on the patentability of a chaos theoretical exponent value calculation system under Section 3(k) of the Indian Patents Act. It discusses the distinction between technical advance and excluded subject matter in the context of inventive step.

Can Combining Contrivances Give Rise to Inventive Step? – An IPAB Case Note

This post reviews an IPAB decision on whether combining known elements in switch gears meets the inventive step requirement in Indian patent law. The case clarifies the threshold for patentability in combination inventions.

Patentability of Biotech Inventions in Europe

This post provides a detailed analysis of the patentability of biotech inventions in Europe under the EPC and EU Biotechnology Directive. It covers exclusions, key legal requirements, and the influence of morality on patent decisions, with reference to significant European cases.

Patentability of Biotechnology Inventions in India

The post provides a detailed analysis of the criteria for patentability of biotechnology inventions in India, focusing on statutory exclusions and legal requirements. It further outlines how industrial applicability, novelty, inventive step, enablement, and morality are assessed for biotechnology inventions under Indian law.

From Dress Pin to Safety Pin

Inventive step or non-obviousness is essential for patentability and is illustrated here through the development of the Dress Pin and Safety Pin. This analysis objectively examines how improvements in such inventions meet the legal requirements for patent protection.

Informed Prior Art Analysis for Traditional Knowledge Based Inventions

This post analyses the challenges of prior art evaluation for traditional knowledge based inventions under Indian patent law. Dr. Kalyan discusses the importance of objective, informed assessment of novelty and inventive step, particularly when dealing with compositions derived from traditional sources. The need for evidence-based analysis over subjective objections is highlighted.