Chat with us, powered by LiveChat

+91-80-26860424 / 34

Call Us Today

LinkedIn

Search
 

Patentable Subject Matter Tag

BananaIP Counsels > Posts tagged "Patentable Subject Matter"

DNA of a Patent Search

  Original Date of Publication: 17th May, 2010 A patent search, in simple words, is an exercise of mining granted patents and published patent applications (patent documents) that are related to a subject matter of our interest. A patent search helps in making decisions under various scenarios. It helps determine, patentability of a subject matter, freedom to operate and validity of a patent, among others. More often than not, a patent search is conducted to determine patentability of a subject matter for which we wish to file for a patent. Even though a patent search may never be exhaustive to an extent that...

Continue reading

Once an Intermediate, Always an Intermediate

  First Publication Date: 22nd December 2010   The other day, while I was having a heated discussion with 2 fellow bloggers about the patentability of repurposed drugs i.e. patenting of new use of a known drug, we hit a road block with regard to patent value of an intermediate. The question raised was "Will a newly found first use of an already known intermediate be patentable in India?" I am rephrasing the question for the purpose of this discussion.  “Will the exclusion criterion elaborated in Section 3 (d) of the Indian Patents Act exclude the patentability of the first known use of the intermediate?” Whenever...

Continue reading

Biotechnology and Patent Challenge

This image depicts a DNA strand. The DNA forms the basis of all life forma and conquering it is the challenge for biotechnology. This post is about the patentability of biotech inventions. Click on the image to read the full post.

First Publication Date: 19th December 2010. Since inception patent law is being customized and fine tuned by governments to meet the needs of evolving technologies. Strong basic principles have evolved to cater to the needs of traditional fields of science and technology and they have been working well in promoting progress. However, the basic principles have utterly failed in a number of ways, when it comes to their application to Modern Biotechnology. The unique nature of Modern Biotechnology is the main reason for the failure.Why is Biotechnology Unique? Biotechnology promises more efficacious drugs, medical treatment tailored to the individual patient's biological make-up,...

Continue reading

Should Medical Methods Be Patented?

First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing to the economic development and prosperity of mankind. Though the patent system has played a critical role in the progress of science generally, its benefits have not been extended to medical methods. (The term ‘medical methods’ used herein after shall mean surgical, therapeutic and diagnostic methods of treatment except methods of...

Continue reading

Complications In Patenting Biotech Inventions: A Peek At US Law

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code. The objective of the US patent law as stated in the constitution is to promote the progress of science and technology. The patent...

Continue reading

Bilski’s Invention Falls, Business Methods Survive

First Publication Date: 29th June 2010 The much awaited Bilski decision has been pronounced by the US Supreme Court (Bilski v. Kappos). This closely watched and highly discussed case revolves around patentability of Bilski's hedging of risks business method invention. From the day when the patent examiner rejected Bilski's claims calling them 'mere manipulation of an abstract idea' the controversy has given rise to a lot of potent questions including the likes of patentability of software and business methods and restrictions on 35 USC 101. The debate got aggravated when the Court of Appeals for the Federal Circuit (CAFC) decided that the...

Continue reading

Can a Method of Performing Yoga be Patented?

This image depicts a person in a yoga asana. His body has been divided into the traditional four zones targetted by yoga healing. This post explores if the way of performing yoga may be patented. Click on the image to read the full post.

  First Publication Date: 9th June 2010   The Council for Scientific and Industrial Research (CSIR) has recently incorporated materials on yoga to the Traditional Knowledge Digital Library (TKDL). The materials include data on various yoga postures and videos relating to them. The information on yoga has been collected by CSIR from ancient Indian texts such as Patanjali. As per Dr. Gupta from CSIR, the addition of the materials to TKDL will play an important role in preventing patent grants relating to yoga in the USA, Europe and other countries. The efforts of CSIR raise the question of whether yoga postures and processes can...

Continue reading

Natural or Man Made

This post was first published on April 4, 2010.   This is in furtherance of Mrs. Vinita Radhakrishnan's post regarding the US District Court decision on BRCA gene patents. Under the US Patent Law, anything that exists in nature is not patentable subject matter. This is also referred to as 'Product of Nature Doctrine'. The test for determining whether something exists in nature or not as laid down in Chakrabarty's case is whether a hand of man is involved in creating the invention. If there is a hand of man, the invention is said to be not naturally existing and therefore, patentable subject...

Continue reading

Patenting a Food Recipe?

  First Publication Date: 14th January 2010   Most of us, when we think about patents, we tend to associate patents with “high-tech” technological innovations. However, truth be told, sometimes patent protection can be easily extended to protect, as many may call, not so high-tech innovations as well. We had blogged earlier about, whether inventions related to method of massaging can be patented. A comment made on that blog post raises an interesting question, and is the focal point of this post. The question is: Can food recipes be patent protected? This question mainly arises because there could be doubt about whether or not, food recipe...

Continue reading

Patent and Public Domain Balance 2 – Patentability Requirements

The image depicts encircled letters P and D.

First Publication Date: 8th December 2009. An invention will be eligible to get a patent only if it satisfies the patentability requirements, which are patentable subject matter, industrial applicability/utility, novelty, non-obviousness/inventive step and specification. The government uses the patentability requirements to verify the worthiness of an invention for patent grant. The patentability requirements are like filters arranged in succession as shown in the figure below. Figure - Kalyan's Patent Filter Model A patent will be granted over an invention only if it passes through all the filters. Grant of a patent is the cumulative effect of satisfaction of all the requirements. Analysis of...

Continue reading
css.php
Speak with an IP Expert Today
close slider