Patentability | Intellepedia

Searching for Patents and Patentability of AI and Software Inventions: Session 2 of the Masterclass on IP

This session of the masterclass explored patentability criteria and search strategies for AI and software inventions. Attendees learned about the patent process, prior art search, and practical considerations for Indian innovators. The session offered valuable guidance on intellectual property for startups.

Section 3(ka): A Decision on a Patent Application Related to Mathematical Methods

The IPAB upheld the rejection of a patent application involving mathematical methods under section 3(ka) of the Indian Patents Act. This decision clarifies the exclusion of mathematical methods from patentable subject matter in India, aligning with recent draft guidelines.

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.

The TSM Test and Non-obviousness

The TSM test is crucial for determining non-obviousness in patent law by evaluating whether prior art teaches, suggests, or motivates the invention. This structured approach ensures that only inventions demonstrating a significant leap in ingenuity are granted patents under Indian law.

Patentability of Higher Life Forms

The Canadian Supreme Court’s decision in the Harvard oncomouse case established that higher life forms are not patentable subject matter under Canadian law. While process claims were accepted, product claims for the transgenic mouse were rejected, setting a key precedent in biotechnology patents.

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.

The Non-Obviousness Requirement and its Evolution – Graham vs. John Deere

This post discusses Graham vs John Deere and its importance in shaping the non-obviousness requirement under US patent law. It provides an analytical overview of the case, judicial reasoning, and ongoing relevance for patentability standards.

Public Use Exemption for Patentability

This post analyses the public use exemption for patentability through two contrasting US Supreme Court decisions. It highlights how factual circumstances and the presence of experimental use shape the outcomes in patent 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.