This post was first published on 2nd September, 2014.
Inventive step / Non-Obviousness is one of the most important patentability criteria in almost all patent jurisdictions. Non-obviousness is the term used by the USPTO and is codified in 35 USC § 103. The requirement is that the claimed invention being patented should not be obvious, meaning that a "person having ordinary skill in the art" should not be able to easily guess or put two or more things together to arrive at the invention seeking a…
This abridged version of the Novartis case was used by Dr. Kalyan C. Kankanala to explain to the students of UPES, the patentability requirements under the Patent Law and the significance of Section 3(d) under the Patents Act. This abridged document was provided to the B.tech - LLB students at UPES School of Law as part of the Patent Law and Practice Program being taught by the BananaIP Team.
The Novartis case has been abridged to suit the discussion in the class, and to…
This presentation is part of the 'Patent Law and Practice Program' being taught by BananaIP Team at UPES School of Law to B.tech-LLB Students.
This presentation is titled "Analyzing Patentability of Inventions" and covers the following topics:
Patentability Requirements
Patentable Subject Matter
Exclusions
Examples
Industrial applicability
Novelty
Inventive Step
Secondary Indication
Examples
Specification
Dr. Kalyan's Latest IP Thriller - The Dravidian
You may access the full presentation here:
About Dr. Kalyan…
Hello Readers!! There has been a lot that has been brewing over the past few weeks with respect to Patents. We have decided to recapitulate the patent news which have recently hit the headlines in our segment, Weekly Trends. Let us take a quick look at what happened in the past weeks, with this weekly update.
Dyson is coming to India!
Dyson Ltd. a well-established UK-based Technology company will be entering India with its wide range of patented products next year…
This presentation was delivered by Dr. Kalyan C. Kankanala at NLSIU, Bangalore, India, as a part of the Patent law course offered for PGDIP students. 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…
The Delhi High Court has restrained Glenmark from making and marketing generic versions of Merck Sharp & Dohme (MSD)'s popular antidiabetic drug “Januvia” (sitagliptin) and “Janumet” (combination of sitagliptin and metformin) in its latest order dated October 7, 2015. The order restrains Glenmark from making, using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin Phosphate Monohydrate or any other salt of Sitagliptin in any form, alone or in combination with one or more other drugs or from…
Is Section 3(d) an extension of the Inventive Step analysis?
The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows:
Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable…