introduction to patent law - a presentation by dr. kalyan c. kankanala at the acharya institute of...

Patent LawAn Introduction

Dr. Kalyan C. Kankanalakalyan@bananaip.com

www.bananaip.comBooks: www.kalyankankanala.com

Blog: www.sinapseblog.com

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Inventor/ Investor

Incentives

Public Domain

Invention

Patent

Patent RegimeGive and Take

Progress of Science and Technology

Invent

Invest

Disclose

Design

Around

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Patentability Requirements

• Inventions

• Patentable Subject Matter• Industrial Applicability• Novelty• Inventive Step• Specification

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Patentable Subject Matter• Two Prongs

• Eligible Subjects - Products or Processes

• Excluded Subjects/Inventions

Inventions Not Patentable

• Computer Programs Per Se• Business Methods and Medical

Methods• Plants, Animals and Parts• New Forms of Known Substances• Traditional Knowledge

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Example• Imatinib is known for treating

cancer. Novartis develops a more stable form of Imatinib - Imatinib Masylate in Beta Crystalline Form. It has higher bio-availability when compared to Imatinib.

• Patentable Subject Matter?

• Novartis Case(C) BANANAIP

Example• Som develops an android

application for assessing the mood of the caller. The app has automated systems for rejecting calls of bad mood callers. It also can recognize cold callers.

• Patentable?

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Example

• Kodi identifies and inserts a gene in a hen which leads to the increase in the output of eggs, sixty luminiscent eggs per month). He is interested in getting a patent on his invention.

• Can he get a patent and if yes, on what?

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Example• Kini, a house wife and follower of

Baba Ramdev, develops a method of performing yoga that will help astronauts adapt to low gravity environments. She wishes to file for a patent in India.

• Will there be any issues with patentable subject matter?

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Example• Kobari Nair inherits traditional

knowledge with respect to ayurvedic formulations for improving immunity and promoting healthy living from his ancestors. After researching on the formulations, he isolates active ingredients from three of the formulations and prepares tablets for enhancing immunity.

• Is his invention patentable subject matter?

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Industrial Applicability• Capable of Industrial Application

• Make • Use• Repeat

• Industry

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Novelty• New• In the light of Prior Art

• Prior Publication• Prior Knowledge• Prior Use• Prior Patent

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Inventive Step• Combination of Prior Art• Not Obvious• Person Skilled in the Art

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Example• Invention

• Chair with Wheels

• Prior Art

• Chairs• Tables with wheels

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Specification• Written Description• Enablement• Best Mode• Claims

Patent Process

• Filing• Publication• Examination• Grant• Opposition - Pre-Grant/Post-Grant• Renewal

• Term: 20 Years• Territorial

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Patent Rights

• Territory

• Product Patent - Make, Use, Sell, Offer for Sale and Import.

• Process patent - Use

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Patent Infringement

• Direct Infringement• Literal• Equivalence• Contributory Infringement

• FTO Analysis

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CLAIM CONSTRUCTIONClaimPreamble

Transition

Body

•I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.

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Is This Product Infringing?

• A ceiling fan having a base to be attached to the ceiling and which has a hollow rod connected to the base. The hollow rod is connected to a circular rotor having 4 wings.

• I claim a 'ceiling fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.

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Defenses• Government Use• Research and Education• Parallel Imports• Government Approval

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Dr. Kalyan Kankanala’s Bookswww.kalyankankanala.com

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Pre-order Upcoming Books By Dr. Kalyan

Dogs are mysteriously disappearing in the city of gardens, Bangalore. The Dog Mafia is organized, aggressive and ruthless. Overburdened with work, the police are least interested in pursuing complaints of missing dogs. Two young boys, Appu and Chinnu, decide to go after the Dog Mafia.

They get off to a bad start, and lose their beloved dog, Susie, to the Dog Mafia. Their quest for Susie takes them through a journey filled with fun, adventure and enlightenment.

This book will be an interesting read for dog lovers, fun lovers and children.

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Copyright 2015 BananaIP Counsels

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THANK YOU

How to reach Dr. Kalyan Kankanala:♦Email: kalyan@bananaip.com

♦Phone: +91 80 2686 0414 / 24 / 34

♦Web: www.bananaip.com

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