Patents generally require that it contains an inventive step. Inventive step is one which contains enhancement in existing technology, process, knowledge or even economic significance or contains both.
Inventive step is basic requirement of almost all patent laws which is basic requirement towards patentability.
Some countries state Inventive step as basic requirement or Non obviousness. Inventive step is one which makes invention non obvious. Non obvious and Inventive step are thus exchangable.
Natural findings or laws existing in nature are not qualified to be patents even they might have economic significance. These laws were already existed and inventor mere found them.
Patent laws suggests that any invention contains inventive step or non obvious, if it is non obvious for person skilled in that art.
To measure inventive step invention has to be seen as a whole and not in parts. It means that different components of invention are to be seen together to determine inventive step. Invention cannot be determine obvious if all the parts taken seperately are known or found to be obvious.
If thus invention combines known or obvious parts then before declaring it as obvious it is neccessary to show that combination of these parts are obvious.
It is only neccessary to show to demonstrate non-obviousness that the techincal problem invention is solving is in surprising and unexpected way.
Does the non inventing mind would have thought of alleged invention? This is the question needs to be answered before determining Inventive step.
Tuesday, September 21, 2010
Wednesday, September 8, 2010
Patents: Dos and Donts
Worldwide patent system work as first file system rule. First file system in simple words is "First File First grant". So person filling the same invention first gets the grant irrespective of whom of them conceived it first.
The common misconceptions or mistakes done commonly by invetors before filling are
What to Do
Patent granting authorities have system which enables inventor to file their invention before its fully developed. Patent offices worldwide suggest inventors not to disclose inventions to public or publish it before filling it in patent office.
Patent can be filled as "Provisional specifications" which should contain a description regarding the invention. Provisional specifications can be filled even before the full details of working of the inventions are developed.
By filling patent as Provisional specifications before Patent granting authority, inventor gets priority date of the invention.
Then inventor can work on complete specifications and file complete specification with in certain time limit as per Patent granting authority rules and regulations. In most of the countries it is 12 months from the filling date of Provisional specifications.
we summarize now what should be done instead if any new invention is conceived and is patentable before its filling
The common misconceptions or mistakes done commonly by invetors before filling are
- Waiting until Patent is fully developed or ready for commercial working,
- Publishing their inventions in newspapers or scientific and technical journals,
- Use of invention in public or commercial use
What to Do
Patent granting authorities have system which enables inventor to file their invention before its fully developed. Patent offices worldwide suggest inventors not to disclose inventions to public or publish it before filling it in patent office.
Patent can be filled as "Provisional specifications" which should contain a description regarding the invention. Provisional specifications can be filled even before the full details of working of the inventions are developed.
By filling patent as Provisional specifications before Patent granting authority, inventor gets priority date of the invention.
Then inventor can work on complete specifications and file complete specification with in certain time limit as per Patent granting authority rules and regulations. In most of the countries it is 12 months from the filling date of Provisional specifications.
we summarize now what should be done instead if any new invention is conceived and is patentable before its filling
- File immediately even full details are under development,
- Never publish or disclose your invention in public,
- Do not use it in commercial product,
Monday, September 6, 2010
Introduction to Patents: Part2
Patent is defined as
"Anything Under the Sun Made by Man"
or
“A new product or process involving an inventive step and capable of industrial application”
as per Indian patents act 1970.
Inventon is always something which is not used anywhere in the world or anticipated by anybody in any form such as publications, papers.
If invention falls under the public domain in any form or exist in any form it cannot be patentable.
Invention if has new inventive step and fulfills above criterion can be patentable.
Prior Art
Prior art is anything related to the field of invention and certain steps or end product is same as in prospective invention. We will see the possibilites of what constitutes prior art in seperate post in depth.
Non Obviousness
Invention is not considered as Non obvious or patentable if it is Obvious. Non obviousness is considered as something which might not be thought by non-inventive mind. We will see seperate post on Non-Obviousness of invention.
Inventive Step
Every invention or patent should have non obvious Inventive step. Invention is always considered fully in light of Inventive step only. Invention step can also be combination of known or obvious parts but for that to be non-obvious it should be shown that combining these elements is not obvious. This we will also explain in later posts via seperate post in detail.
General requirement of Patents
Patents cannot be granted for anything but they should fulfill certain general conditions, however these things varies as per applicable patents laws of the land.
But certain conditions can be common and it can be said that patents apart from other requirements should also fulfill certain conditions given below
"Anything Under the Sun Made by Man"
or
“A new product or process involving an inventive step and capable of industrial application”
as per Indian patents act 1970.
Inventon is always something which is not used anywhere in the world or anticipated by anybody in any form such as publications, papers.
If invention falls under the public domain in any form or exist in any form it cannot be patentable.
Invention if has new inventive step and fulfills above criterion can be patentable.
Prior Art
Prior art is anything related to the field of invention and certain steps or end product is same as in prospective invention. We will see the possibilites of what constitutes prior art in seperate post in depth.
Non Obviousness
Invention is not considered as Non obvious or patentable if it is Obvious. Non obviousness is considered as something which might not be thought by non-inventive mind. We will see seperate post on Non-Obviousness of invention.
Inventive Step
Every invention or patent should have non obvious Inventive step. Invention is always considered fully in light of Inventive step only. Invention step can also be combination of known or obvious parts but for that to be non-obvious it should be shown that combining these elements is not obvious. This we will also explain in later posts via seperate post in detail.
General requirement of Patents
Patents cannot be granted for anything but they should fulfill certain general conditions, however these things varies as per applicable patents laws of the land.
But certain conditions can be common and it can be said that patents apart from other requirements should also fulfill certain conditions given below
- It must be useful,
- It should not be imaginary or mere speculation,
- It should have some scope for industrial use,
- It should not be frivolous,
- It should not be injurous to public health,
Friday, September 3, 2010
Introduction to patents: Part 1
what is PATENT
Patent is regarded as new process method or system which is never exercised. Inventor has to disclose this method in Govt Patent office of respective countries to realised it as patent. Once filled to patent office the patent office after examining the available related patents granted it as patent.
an PATENT
Patent granted gave Patentee exclusive rights to use it over limited period of time.
Patent prevents any 3rd party from using the patented process from unauthorized act of
term of PATENT
Term of patent is limited time or maximum amount of time during which patentee enjoys exclusive rights. After expiry of patents it becomes free for public use.
Starting of patent term can be "Date of filling" or "Date of Grant".
This period varies from country to country. In US its 20 years from the filling date. In Europe convention it is 20 years from actual filling date.
The term of patents also varies from type of patents and different in different countries.
There is annual maintenance or renewal fee needs to be paid for patent to be remained in force, if these fees is not paid as per patent office or maintenance office requirements and rules, patent can be lapsed before defined term and becomes public property.
Patent is regarded as new process method or system which is never exercised. Inventor has to disclose this method in Govt Patent office of respective countries to realised it as patent. Once filled to patent office the patent office after examining the available related patents granted it as patent.
an PATENT
Patent granted gave Patentee exclusive rights to use it over limited period of time.
Patent prevents any 3rd party from using the patented process from unauthorized act of
- making,
- using,
- offering for sale,
- selling or importing
term of PATENT
Term of patent is limited time or maximum amount of time during which patentee enjoys exclusive rights. After expiry of patents it becomes free for public use.
Starting of patent term can be "Date of filling" or "Date of Grant".
This period varies from country to country. In US its 20 years from the filling date. In Europe convention it is 20 years from actual filling date.
The term of patents also varies from type of patents and different in different countries.
There is annual maintenance or renewal fee needs to be paid for patent to be remained in force, if these fees is not paid as per patent office or maintenance office requirements and rules, patent can be lapsed before defined term and becomes public property.
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