RESEARCH METHODOLOGY & INTELLECTUAL PROPERTY

RIGHTS
Course Code: 21RMI56

Module-3
Text book referred: Dipankar Deb, Rajeeb Dey, Valentina E. Balas “Engineering
Research Methodology”, ISSN 1868-4394 ISSN 1868-4408 (electronic), Intelligent
Systems Reference Library, ISBN 978-981-13-2946-3 ISBN 978-981-13-2947-0 (eBook),
https://doi.org/10.1007/978-981-13-2947-0
Other references: Internet; Chatgpt and Bard,
https://www.wipo.int/patents/en/#:~:text=In%20principle%2C%20the%20patent%2
0owner,without%20the%20patent%20owner's%20consent,
https://ipindia.gov.in/writereaddata/Portal/ev/sections-index.html

Building Intellectual Property Rights, Law of Patents, Fundamentals of Patent Law -

Evolution of the patent system, Patentability Requirements; Patentable Subject atter;
Industrial Applicability/Utility; Novelty; Anticipation by publication; Anticipation by
public knowledge and public use; Anticipation by public display; Anticipation by sale;
Inventive Step/Non-Obviousness; Novelty Assessment; Inventive Step Assessment;
Specification, Drafting of A Patent Specification - Introduction Patent Specification;
Provisional Specification Complete Specification, Parts of the complete specification;
Patent Procedure in India - PATENT PROCEDURE; Registration and Renewal fee
payment; Patent Infringement -Infringement of a patent; Literal Infringement;
Equivalence Infringement; Indirect Infringement; Defenses - Experiment - Research
or Education - Bolar Exemption- Government use- Patent ExhaustionPatent Misuse-
Inequitable Conduct - Remedies- Injunction- Account of profits- Costs; International
Patent Regimes - International Instruments; Paris Convention; TRIPS AGREEMENT;
PCT; BUDAPEST TREATY, Patenting Biotechnology Inventions - Unique nature of
Biotechnology; Patentability Requirements and Biotechnology Inventions; Patentable
Subject Matter- USA- Europe- India; Patentability of Software Inventions -
Patentability of Software Inventions in USA; Patentability of software inventions in
Europe; Patentability of Software Inventions in India
Building Intellectual Property Rights
A researcher must be aware of the rights that the intellectual property developed
during the process of research work. This helps to develop the mindset of an inventor.
A researcher must have basic understanding of the patent laws.
Intellectual Property (IP) is the terminology attributed to intangible assets having
commercial value, and arising from human intelligence, creativity, and imagination,
but typically lacking physical form.
A patent is an exclusive right granted for an invention, which is a product or a
process that provides, in general, a new way of doing something, or offers a new
technical solution to a problem. To get a patent, technical information about the
invention must be disclosed to the public in a patent application.
The major types of IP are:
1. Trademarks: A trademark is a sign that suitably differentiates the owner’s goods
or services from those of others.
2. Patents: A patent is a legal record that bestows the holder the exclusive right over
an invention as per the claims, in a limited geographical domain and for a limited
duration by thwarting possible interested parties from any form of manufacture, use
or sale of the product or outcome of the invention. In theory, the applicant (or
inventor) can draft a patent application but given the technical and procedural
complexity, in practice, patent lawyers and researchers collaboratively write such
applications.
3. Industrial Designs: An industrial design protection is related to certain specific
ornamental shapes associated with products whose duplication the owner may wish to
thwart.
4. Copyright: Copyright is the right bestowed on the owner or creator in relation to
publication, and distribution of a piece of writing, music, picture or related works.
Copyright also applies to technical contents such as software, datasheets, and related
documents.
Copyrights generally do not need registration with a government body. The rest of the
Intellectual Property Rights must be sanctioned by, and registered with, a government
office for recognition and enforcement.
Examples:

Trademarks:

• Brand names: Apple, Nike, Coca-Cola

• Product names: iPhone, Air Jordan, Coke
• Company logos: Golden Arches (McDonald's), Nike swoosh, Apple logo
• Slogans: Just Do It (Nike), Think Different (Apple), I'm Lovin' It (McDonald's)

Patents:

• New inventions: The light bulb, the telephone, the computer

• New processes: The manufacturing process for a new drug, the method for
creating a new type of solar cell
• New designs: The design of a new car, the design of a new computer chip

Industrial designs:
 • The shape of a product: The shape of a Coca-Cola bottle, the shape of a
Samsung Galaxy phone
• The pattern on a product: The pattern on a Tiffany & Co. necklace, the pattern
on a Nike sneaker
• The color scheme of a product: The color scheme of a Target store, the color
scheme of a Starbucks coffee cup

Copyrights:

• Literary works: Books, poems, scripts, musical pieces

• Artistic works: Paintings, sculptures, photographs, movies
• Software programs: Computer software, video games
• Technical works: Engineering drawings, architectural plans

Law of Patents

The law of patents refers to the legal framework that governs the protection and
enforcement of intellectual property rights for inventions. Patents are exclusive rights
granted by a government to inventors, allowing them to exclude others from making,
using, selling, or importing their patented inventions for a specified period of time.
This exclusivity is provided in exchange for the public disclosure of the invention's
details, which contributes to the advancement of technology and knowledge.

Key aspects of patent law include:

1. Eligibility Criteria: Not all inventions are eligible for patent protection.
Generally, an invention must be novel, non-obvious, and useful to qualify for a
patent. It should also fall within the scope of patentable subject matter, which
typically includes new and useful processes, machines, manufactures, or
compositions of matter.
2. Application Process: To obtain a patent, an inventor must file a patent
application with the relevant government patent office. This application
includes a detailed description of the invention, often accompanied by drawings
or diagrams. The application is examined by patent examiners to determine
whether it meets the patentability criteria.
3. Granting of Patents: If the patent office determines that the invention meets
the necessary criteria, a patent is granted. This means that the inventor gains
exclusive rights to the invention for a specific period, typically around 20 years
from the filing date of the patent application.
4. Enforcement: Patents provide the owner with the legal right to prevent others
from using, making, selling, or importing the patented invention without
permission. If someone infringes on a patent owner's rights, the patent owner
can take legal action to seek remedies, such as injunctions and damages.
5. Licensing and Transfer: Patent owners can license their patents to others,
allowing them to use the invention under certain terms and conditions. Patents
can also be sold or transferred to other parties, providing the new owner with
the rights to enforce the patent.
 6. International Protection: While patents are typically granted by individual
countries, international agreements like the Patent Cooperation Treaty (PCT)
facilitate a unified application process across multiple countries. The World
Intellectual Property Organization (WIPO) also plays a significant role in
harmonizing patent practices globally.
7. Challenges and Litigation: Patent disputes can arise if there are questions
about the validity of a patent, or if someone believes that their invention is not
infringing on a patented invention. Patent litigation involves legal proceedings
to resolve these disputes.
8. Patent Infringement: Patent infringement occurs when someone uses,
makes, sells, or imports a patented invention without authorization. Patent
owners can take legal action against infringing parties to protect their rights.

Fundamentals of Patent Law - Evolution of the patent system

Intellectual property (IP) rights are governed by national law, which for members of
the World Trade Organization (WTO), shall be in conformity with the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).1 The
TRIPS Agreement sets out the objective of IP rights in Article 7

Article 7 excerpt: The protection and enforcement of intellectual property rights

should contribute to the promotion of technological innovation and to the transfer and
dissemination of technology, to the mutual advantage of producers and users of
technological knowledge and in a manner conducive to social and economic welfare,
and to a balance of rights and obligations.

The challenges India faced in complying with the TRIPS Agreement. The TRIPS
Agreement is an international agreement that sets minimum standards for the
protection of intellectual property rights. India is a member of the World Trade
Organization (WTO), which means that it is required to comply with the TRIPS
Agreement.

However, India faced some challenges in complying with the TRIPS Agreement
because its constitution does not explicitly recognize intellectual property rights. The
U.S. Constitution, on the other hand, explicitly recognizes the promotion and progress
of science and arts and secures exclusivity granted to authors and inventors.

The Indian constitution does not explicitly recognize intellectual property rights, but
it does guarantee the right to property. This means that patents are considered
"property" and are therefore protected by the constitution. However, the constitution
also includes a chapter on Directive Principles of State Policy, which are non-
enforceable but still important guidelines for the government. These principles include
the promotion of public health, the reduction of inequalities, and the securing of
systems that ensure ownership and control of resources for the common good.

These principles can be seen as limitations on the right to property, and they can be
used to justify policies that restrict intellectual property rights in the interest of public
health or social welfare. For example, India has a compulsory licensing system that
allows the government to issue licenses to produce patented drugs without the
permission of the patent holder, if necessary to protect public health.
The journey of the Indian patent regime is reflected in three different periods:
colonization, post-independence and globalization.
Colonization. India inherited its patent regime from the British rule. When the British
colonization of India ended, the Indian Patents and Designs Act, 1911, was in force and
had created a system of patent administration in India under an administrative office
– the Controller of Patents and Designs.
Post-independence. India enacted its first independent patent law in 1970. It came in
the backdrop of two committees constituted to make recommendations: the Bakshi
Tekchand Committee in 1949 and, later, the Justice Rajagopal Ayyangar Committee.
Focusing on the special socioeconomic conditions in India, the recommendations of
these two committees resulted in far-reaching changes in patent laws. Some of the
significant changes introduced were with respect to food and drug patents, compulsory
licensing, and connected working requirements. The law enacted in 1970 is credited
with the growth of various industries, including the pharmaceutical industry, which,
in two decades, gave India the distinction of being called “the pharmacy of the world”
as Indian drug companies began exporting reasonably priced medicines to many
countries.
Globalization. In 1991, India liberalized its economy and adhered to the General
Agreement on Tariffs and Trade (GATT 1947), which was succeeded by the WTO,
resulting in amendments being introduced in line with the TRIPS Agreement. These
amendments saw India bring about fundamental changes permitting product patents
in food, medicines and agrochemicals. The flexibilities in the TRIPS Agreement were
used to maintain a balance: ensuring that the amendments would be gradually made
systemic rather than forcing the closure of already-functioning industries. Statutory
provisions relating to chemical and drug patents, patentability and other aspects of the
amendments were tested repeatedly in the courts and were upheld as being within the
Constitutional scheme while being fully compliant with the TRIPS Agreement. The
judgment of the Supreme Court in Novartis v. Union of India recognized the need to
curb the “evergreening” of patents while acknowledging the need to grant patent
protection to incremental innovations. After Novartis, Indian courts have granted
interim injunctions to protect patentees’ rights in pharmaceutical and agrochemical
inventions.10 The courts have also protected claims to standard-essential patents
(SEPs) by granting interim injunctions to secure the patentee’s right to royalties even
pending trial. Courts have granted permanent injunctions and damages (in quite
significant amounts) in cases of patent infringement and have also denied interim
injunctions in appropriate cases. Each case has been decided on its own facts on the
basis of settled legal principles. A current review of decisions would show no pro- or
anti-patentee bias in the adjudication of patent cases.

Note: The case of Novartis v. Union of India

he Novartis v. Union of India case was a landmark decision by the Supreme Court of
India on the issue of patentability of pharmaceutical products. The case concerned the
patent application filed by Novartis for a beta crystalline form of imatinib mesylate,
which is the active ingredient of the cancer drug Gleevec.
Novartis argued that the beta crystalline form of imatinib mesylate was a new
invention that was patentable under the Indian Patent Act. However, the Indian Patent
Office rejected the patent application, finding that the beta crystalline form of imatinib
mesylate was not a new invention because it was merely a new form of an already
known substance.
Novartis appealed the decision of the Indian Patent Office to the Intellectual Property
Appellate Board (IPAB), which partially reversed the decision of the Patent Office. The
IPAB found that the beta crystalline form of imatinib mesylate was a new invention,
but it was not patentable because it did not have any enhanced therapeutic efficacy
over the known form of imatinib mesylate.
Novartis challenged the decision of the IPAB to the Supreme Court of India. The
Supreme Court upheld the decision of the IPAB, finding that the beta crystalline form
of imatinib mesylate was not patentable under Section 3(d) of the Indian Patent Act.
Section 3(d) of the Patent Act provides that a new form of a known substance cannot
be patented unless it has "enhanced therapeutic efficacy" over the known substance.
The Supreme Court's decision in Novartis v. Union of India was a significant victory
for public health advocates, who argued that the patenting of incremental changes to
pharmaceutical products could stifle innovation and make essential medicines
unaffordable. The decision also set an important precedent for the interpretation of
Section 3(d) of the Indian Patent Act, which is likely to have a significant impact on
future patent applications for pharmaceutical products.
The case also highlighted the tension between the need to protect intellectual property
rights and the need to ensure access to affordable medicines. The Supreme Court
acknowledged the need to grant patent protection to incremental innovations, but it
also found that the patenting of such innovations should not be allowed to undermine
the public health objective of making essential medicines affordable.
The Novartis v. Union of India case is a complex and important case that has had a
significant impact on the Indian patent system and the global debate on the patenting
of pharmaceutical products. The case is a reminder of the need to balance the
competing interests of intellectual property protection and public health when making
policy decisions.

Patentability Requirements
The patentability requirements are the criteria that an invention must meet in order
to be eligible for patent protection. These requirements vary slightly from one
jurisdiction to another but generally include the following key criteria:
Novelty: An invention must be new and not part of the prior art. This means that the
invention cannot have been publicly disclosed, published, or known anywhere in the
world before the filing date of the patent application.

Non-Obviousness (Inventive Step): An invention must involve an inventive step or

non-obviousness. This means that the invention should not be an obvious
development from existing knowledge to a person skilled in the relevant field. If the
invention would have been obvious to someone with ordinary skill in the field, it is not
considered patentable.
Utility or Industrial Applicability: An invention must have a practical and specific
utility. It should serve a useful purpose and be capable of being made or used in some
kind of industry.
Enablement (Sufficiency of Disclosure): The patent application must contain
sufficient information to allow a person skilled in the relevant field to understand and
replicate the invention. The description should provide enough detail for someone to
make and use the invention without undue experimentation.
Subject Matter Eligibility: The invention must fall within the scope of patentable
subject matter. Most jurisdictions allow for the patenting of processes, machines,
manufactures, and compositions of matter. Some jurisdictions have restrictions on
abstract ideas, laws of nature, and natural phenomena.
Non-Disclosure: In some jurisdictions, a patent application can be rejected if the
invention has been publicly disclosed more than a certain period before the filing date.
This is known as the "novelty grace period," during which inventors are allowed to
disclose their own invention without jeopardizing its novelty.
No Excluded Categories: Some inventions are explicitly excluded from patent
protection, such as mathematical formulas, mental processes, and methods of doing
business that lack a technical aspect.
Written Description and Claims: The patent application should include a written
description of the invention that is clear, concise, and detailed. The claims section
defines the scope of the invention for which patent protection is sought. The claims
must be clear and supported by the description.
First-to-File Rule: In many jurisdictions, including the United States, the first person
to file a patent application for a given invention is granted the patent, regardless of
who first invented it. This emphasizes the importance of prompt filing to secure patent
rights.
Patentable Subject Matter
Patentable subject matter refers to the types of inventions or creations that are eligible
for patent protection. Not all inventions are considered suitable for patenting, and the
criteria for patentable subject matter can vary between jurisdictions. Generally,
patentable subject matter includes:
Processes: New and useful methods, techniques, or processes for performing a
particular task or achieving a specific result. This category often covers manufacturing
processes, industrial methods, and technical procedures.
Machines: Novel and functional devices or apparatuses that perform a specific
function or task. This category encompasses a wide range of mechanical and electronic
inventions.
Manufactures: Physical objects that are made by humans and have a specific utility.
This category includes products, devices, and compositions of matter.
Compositions of Matter: Novel chemical compounds, compositions, or mixtures with
specific properties or applications. This includes pharmaceutical compounds,
chemical compositions, and new materials.
Articles of Manufacture: Physical objects that are designed or fabricated to perform a
particular function or purpose. This category may include products with innovative
designs or specific functional features.
Machines and Apparatuses: Mechanical and electronic devices that perform specific
tasks or functions. This category encompasses a wide range of technological
innovations, from complex machines to simple tools.
Software and Computer-Implemented Inventions: In some jurisdictions, software-
related inventions can be patentable if they involve a technical solution to a technical
problem. This can include algorithms, software processes, and computer systems that
provide a novel and non-obvious technical solution.
Biotechnological Inventions: Inventions related to living organisms, genetic
sequences, genetically modified organisms, and methods for manipulating biological
materials.
It's important to note that not all countries have the same approach to patentable
subject matter. Some jurisdictions, like the United States, have relatively broad criteria
for patentable subject matter, allowing for patents on methods, software, and business
processes. Other jurisdictions, like some European countries, have stricter
requirements and may limit patentability to inventions with a technical character or
technical effect.
Additionally, certain subject matter is often excluded from patent protection,
regardless of jurisdiction. This can include abstract ideas, laws of nature, natural
phenomena, mathematical formulas, and methods of doing business that lack a
technical aspect.

Industrial Applicability/Utility in Patents:

Requirement for Patentability: Industrial applicability is one of the key patentability
criteria that an invention must meet to be eligible for patent protection. It ensures that
the invention has a practical use and can be applied in some form of industry or
commerce.
Real-World Application: An invention must demonstrate that it serves a useful
purpose and provides a tangible benefit. It should be capable of being manufactured,
produced, used, or applied in a way that offers value to society, the economy, or a
specific industry.
Preventing Overly Abstract or Theoretical Inventions: The requirement for industrial
applicability prevents the patenting of mere abstract ideas, theories, or speculative
concepts that lack practical application. It emphasizes the importance of inventions
that contribute to technological progress and the advancement of various industries.
Clear and Specific Utility: The utility requirement demands more than just a
theoretical or potential use. The invention's utility should be specific, well-defined, and
capable of being verified by those skilled in the relevant field.
Examples of Industrial Applicability:
• A new chemical compound that can be used as a drug to treat a specific medical
condition.
• A novel manufacturing process that increases efficiency in producing a
particular product.
• An innovative software algorithm that improves data processing in a specific
application.
• A new type of material with unique properties that can be used in construction
or electronics.
Exclusions and Limitations: Some inventions might not be patentable due to lack of
industrial applicability. For example, laws of nature, abstract ideas, mental processes,
and discoveries are typically excluded from patent protection because they lack
practical application.
Balancing Innovation and Public Benefit: The requirement for industrial applicability
serves to strike a balance between rewarding inventors with exclusive rights and
ensuring that the granted patents contribute to technological advancement and
economic growth.
Scope of Protection: The patent's claims define the scope of protection granted to the
inventor. The claims should clearly describe the invention's practical application and
the specific aspects that are considered inventive.
It's important to note that the concept of industrial applicability may vary between
different countries and legal systems. Some jurisdictions may have specific guidelines
or case law that further define what constitutes industrial applicability. Additionally,
the requirements for utility in other types of intellectual property, such as trademarks
and copyrights, are distinct from the utility requirement in patents.
Novelty in patent
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1. Novelty in Patent Law:
Imagine you have a fantastic idea for something new that nobody else has thought of.
In patent law, we call this "novelty." It means your idea should be different from
anything that's already out there—like things people have written about, known ways
of doing things, and stuff that's already being sold.
When you want to protect your idea with a patent, it has to be new and not something
people already know about. This rule ensures that only really new and unique things
get special legal protection.
2. What's Already Known:
Before you apply for a patent, your idea must not have been made public. That means
nobody should have seen it, read about it, or used it before. It should be your own
discovery, something that you found out and others haven't.
3. The Patent Monopoly:
When you get a patent, it's like getting a special key that lets you control your new idea
for a while. This is like a trade-off—you share your invention's details with the world,
and in return, you get the exclusive right to use and profit from it.
4. What's New in India:
In India, for something to be a "new invention," it shouldn't have been made public
anywhere before you applied for the patent. It shouldn't be known in India or
anywhere else in the world. It should be fresh and not part of what's already known as
"the state of art."
5. No Copies from Other Patents:
If someone else tried to patent the same thing before you, that won't count against
your invention's novelty. You still have a chance as long as you can show your
invention's different from theirs.
6. What Makes an Invention Special:
Just making small changes or mixing known things won't work. Your invention needs
to do something new, give new results, or create a better product than before. It should
involve real creativity and not just putting things together.
7. Obviousness:
If your invention is just an easy, common-sense idea that anyone could come up with,
it's not enough. Your invention needs to be more than just the natural next step—it
should be inventive and not something anyone would expect.
8. Keeping Secrets:
Before you apply for a patent, don't tell everyone about your idea. If you do, it might
not be considered new anymore, and you could lose your chance to get a patent.
9. Anticipation and Lack of Novelty:
If people already knew about your invention before you applied for a patent, it's called
"anticipation." If your invention lacks novelty, it means it's not new anymore.
Anticipation by publication
As per Section 29: Anticipation by previous publication under Chapter 4: Anticipation
of the THE PATENTS ACT, 1970:
These are in the case of an invention claimed in a complete specification
(1) Protection for Old Specifications: If someone claims to have invented something
and they describe it in a document (like a patent application) filed in India before
January 1, 1912, we won't say that someone else's invention is not new just because it's
described in that old document. (2) Protection for Self-Disclosure or Unauthorized
Publication: If someone says they came up with something and then their description
of it gets published without their permission, they can still get a patent if they can prove
a few things:
• They or the person they got the idea from didn't want that description
published.
• If they found out about the publication before applying for the patent, they
applied for the patent as soon as they reasonably could.
• However, if the invention was already being used or sold in India before they
applied for the patent (except for just trying it out), then this protection doesn't
apply.
(3) Priority for the Real Inventor: If a person who actually invented something or got
the idea from them wants to patent it, they can do so even if someone else tried to
patent the same thing earlier or used it without their permission later. This is to make
sure that the real inventor gets the priority, and they're not prevented from getting a
patent just because someone else tried to mess with their rights.

Anticipation by public knowledge and public use after provisional

specification
As per Section 23: Anticipation by previous publication under Chapter 4: Anticipation
of the THE PATENTS ACT, 1970:
1. Protection for Earlier Filings:
When someone submits a complete description of their invention (we call it a
"complete specification") as part of a patent application, there's a rule that can help
them. If they initially submitted a simpler description (called a "provisional
specification") before, and later on, they provide the complete details, they get special
protection.
This rule says that just because some aspects of their invention were used or talked
about by others in India or anywhere else after they submitted the provisional
specification but before the complete one, the authorities can't reject their patent
application or take away their granted patent.
2. Convention Application Protection:
Sometimes, people apply for patents not just in one country but in multiple countries
at once. If someone applies for a patent in India based on an application they filed in
another country (we call it a "convention application"), they also get special protection.
This rule means that even if some parts of their invention were used or shared with
others in India or anywhere else after they filed the application in that other country
but before their Indian application, it won't stop them from getting a patent or losing
the one they got.
In simpler words, these rules make sure that if someone initially shared some
information about their invention with others before they completed their patent
application, it won't ruin their chances of getting or keeping a patent. This helps
inventors who need time to fully explain their ideas and still keeps their patent rights
safe. Remember, when dealing with legal matters, it's always a good idea to consult a
legal expert to understand the details clearly.

Anticipation by public display

An invention claimed in a complete specification shall not be deemed to have been
anticipated by reason only of
1. Protection for Exhibitions:
Sometimes, inventors want to show off their inventions at big shows or exhibitions,
like trade fairs. This law says that just because they've shown their invention to the
public at such an event, it doesn't mean their invention isn't new anymore.
2. Permission and Display:
If the true inventor or someone who got the idea from them gives permission to show
the invention at an exhibition, it won't count against their patent rights. This means
the inventor can still get a patent for the invention even if it was shown to people at
the exhibition.
3. Publication from Exhibitions:
Sometimes, when an invention is displayed at an exhibition, people might write about
it or describe it in publications. This rule says that even if this happens, it won't stop
the inventor from getting a patent.
4. Unapproved Use During Exhibition:
If someone uses the invention without permission while it's being displayed at an
exhibition, it's not a problem for the inventor's patent rights as long as they apply for
a patent within twelve months after the exhibition starts.
5. Inventor's Presentations:
If the inventor talks about their invention in front of a learned group or society, or if
they let someone publish information about it, it won't hurt their chances of getting a
patent if they apply within twelve months after the presentation or publication.
In simple terms, this rule ensures that if inventors showcase their creations at
exhibitions, give presentations, or let others write about their inventions, they still
have a chance to protect their invention with a patent as long as they apply within a
year. This gives inventors time to show off their ideas without losing their patent
rights. Always remember to consult a legal expert for detailed understanding in legal
matters.

Anticipation by public working

1. Protection for Public Testing:
Sometimes, inventors or people who want to get a patent for an invention need to test
it out to make sure it works properly. This rule says that even if they test their invention
publicly in India within one year before they formally apply for the patent, it won't stop
them from getting the patent.
2. Testing by Inventor or Others:
If the person who wants the patent or someone connected to them tests the invention
publicly, or if someone else does it with their permission, it's okay as long as it's done
for a reasonable trial.
3. Consent and Reasonable Trial:
If the inventor or someone they're associated with, like the person they got the idea
from, lets others try out the invention publicly for testing, it's fine as long as it's done
for a good reason. This reason should be related to the nature of the invention and it
should make sense to do the testing in public.
In simpler terms, this rule makes sure that inventors can test their inventions in public
within a year before applying for a patent without ruining their chances of getting the
patent. The testing should be reasonable and necessary for understanding how well
the invention works. Just remember, it's always a good idea to talk to a legal expert for
a clear understanding of legal matters.

Anticipation by sale
In the context of patents, "anticipation by sale" refers to a situation where an invention
has been publicly sold or made available to the public before a patent application is
filed. This concept is important for determining the novelty of an invention and its
eligibility for patent protection. In the Indian patent law context, anticipation by sale
means that if an invention has been sold or made available to the public in India before
the filing date of a patent application, it could affect the novelty of the invention and
potentially prevent the invention from being granted a patent.
In simpler terms:
• If an invention has been sold or made available to the public in India before
someone applies for a patent, it might not be considered new anymore.
• This could impact the inventor's ability to get a patent for the invention because
patents are usually granted for new and unique ideas.
Inventive step/non-obviousness
"Inventive step" or "non-obviousness" is a key criterion in patent law, including the
Indian context. It refers to the requirement that for an invention to be eligible for
patent protection, it should not be obvious to a person skilled in the relevant field of
technology. In simpler terms, the invention should not be something that someone
with average knowledge and skills in that field would easily come up with.
In the Indian jurisdiction, the term "inventive step" is used, and it's defined under
Section 2(1)(ja) of the Indian Patents Act, 1970. It states that an invention is
considered to involve an inventive step if it's not obvious to a person skilled in the art,
having regard to prior art (existing knowledge or technology) at the time of filing the
patent application.
It involves:
Prior Art: This refers to existing knowledge, technologies, or solutions that are publicly
available before the date of your patent application. It's like all the information that's
already out there in your field.
Inventive Step: To have an inventive step means that your invention is more than just
a small, logical improvement over what's already known (prior art). It should be
something that's not obvious to someone who's knowledgeable and skilled in that area
of technology.
Not Obvious to Skilled Person: This means that if someone who's an expert in that field
wouldn't naturally and easily think of your invention based on what's already known,
then your invention has an inventive step.
Encouraging Real Innovation: The idea behind this requirement is to encourage real
innovation. Patents are given to new and creative ideas that push the boundaries, not
just small tweaks that anyone could easily figure out.

Novelty Assessment
n the context of Indian Intellectual Property Rights (IPR), specifically patents, the
assessment of novelty is a critical step in determining whether an invention is eligible
for patent protection. Novelty refers to the requirement that the invention must be
new and not part of the existing knowledge or prior art before the date of filing the
patent application. The Indian Patents Act, 1970, outlines the criteria for assessing
novelty under Section 2(1)(l) and Section 13 of the Act.
Following are the steps taken to assess novelty in the Indian IPR context:
1. Comparison with Prior Art: Before granting a patent, the patent office
examines whether the invention is already known or disclosed in any form of
prior art. Prior art includes everything that was publicly available before the
filing date of the patent application, such as existing patents, scientific
publications, public knowledge, and publicly accessible databases.
2. Evaluation of Claims: The patent office reviews the claims made in the
patent application, which are specific descriptions of what the invention is and
how it works. These claims are compared with the existing knowledge to
determine if any identical or similar inventions have been disclosed previously.
3. Novelty Criterion: For an invention to be considered novel, it must not have
been anticipated by any prior art. This means that the invention should not be
already known, used, published, or described in any form anywhere in the
world before the date of filing the patent application.
4. Global Assessment: The novelty assessment is not limited to just India. It
considers prior art from all over the world. If an invention is already disclosed
or used in any country, it may affect its novelty even if it's not publicly known
in India.
5. Grace Period: The Indian Patents Act provides a grace period of one year
prior to the filing date of the application. This means that if the inventor or
someone else disclosed the invention within one year before filing the
application, it won't be considered as destroying the novelty of the invention.
6. Inventive Step and Novelty: The assessment of novelty is closely related to
the concept of "inventive step" or "non-obviousness," which was explained in
the previous response. An invention must not only be new but also involve an
inventive step to qualify for a patent.

Inventive Step Assessment

The concept of inventive step focuses on whether the invention involves a non-obvious
advancement over existing knowledge in the field. This assessment prevents the
granting of patents for trivial modifications or obvious developments.
Here's how the assessment of inventive step works in the Indian IPR context:
1. Comparison with Existing Knowledge (Prior Art): The patent office
compares the invention's claims with the existing knowledge in the relevant
field before the filing date of the patent application. This existing knowledge is
known as "prior art," which includes publicly available information like patents,
publications, and common knowledge.
2. Non-Obviousness Requirement: An invention must exhibit an "inventive
step," which means it must not be something that a skilled person in the field
would have considered obvious to create based on the prior art. In other words,
 the invention should involve a level of creativity and innovation that goes
beyond the expected.
3. Person Skilled in the Art: The assessment takes into account what a person
skilled in the relevant field would know and do. If the skilled person would
easily come up with the invention using their regular skills and knowledge, then
the invention lacks an inventive step.
4. Combination of Prior Art: The patent office also evaluates whether
combining multiple pieces of prior art could lead to the invention. If the
invention is a simple combination of known elements, it might lack the required
inventive step.
5. Unexpected Results: If the invention produces results that are surprising or
unexpected based on the prior art, it's more likely to exhibit an inventive step.
6. Innovation Beyond Obvious Modifications: The assessment aims to
ensure that patents are granted for innovations that genuinely push the
boundaries of knowledge and involve more than just obvious modifications or
incremental improvements.
7. Objective and Subjective Criteria: The assessment involves both an
objective analysis of whether the invention's features were already suggested in
the prior art and a subjective analysis of whether a skilled person would have
found the invention obvious.
Specification
"specification" refers to a detailed written description of an invention that an applicant
submits as part of a patent application. The specification is a critical document that
explains what the invention is, how it works, and how it's different from existing
technology. It plays a central role in determining the scope and validity of a patent.
Following are the contents of specifications:
1. Detailed Description: The specification provides a comprehensive
explanation of the invention, including its technical details, components,
features, and how it operates. It should be clear and complete, enabling
someone skilled in the relevant field to understand and reproduce the
invention.
2. Claims: Within the specification, there's a section called "claims." Claims are
specific statements that define the boundaries of the invention and what the
applicant seeks to protect with the patent. They outline the unique aspects of
the invention that are new and inventive.
3. Importance of Clarity: Clarity and precision are crucial in drafting the
specification and claims. Vague or unclear descriptions can lead to ambiguity
in the scope of the patent, potentially causing legal disputes.
4. Determining Patent Scope: The claims in the specification determine the
scope of the patent. The rights granted by the patent will apply to what is
 described in the claims. Anything outside the scope of the claims may not be
protected.
5. Prior Art Search: During the patent examination process, the patent office
compares the specification and claims with existing knowledge (prior art) to
assess novelty and inventive step.
6. Enablement Requirement: The specification must enable a person skilled
in the relevant field to practice the invention based solely on the information
provided. In other words, it should be detailed enough to allow someone to
actually make and use the invention without undue experimentation.
7. Importance for Legal Protection: The specification is not just a technical
document; it's a legal document that defines the invention's boundaries. It's
used in patent disputes and litigation to determine whether someone else's
product or technology infringes on the patented invention.
8. Completeness: The specification should be complete and accurate,
describing the invention in sufficient detail to fully capture its unique features
and advantages.
Provisional specification
A provisional specification, in the context of patent law, is an initial and preliminary
document that provides a basic description of an invention that an applicant intends
to patent. It serves as a temporary placeholder that outlines the invention's main
features and characteristics. The primary purpose of a provisional specification is to
establish a priority date for the invention while giving the applicant additional time to
further develop and refine the invention before submitting a complete specification.
Key points about a provisional specification:
1. Basic Description: A provisional specification contains a concise and basic
description of the invention. It highlights the invention's essential features and
concepts without going into extensive technical details.
2. Priority Date: By filing a provisional specification, the applicant secures a
priority date, which is the date that will be considered for assessing novelty and
inventive step in the future. This can be crucial when determining whether the
invention is new compared to existing technology.
3. Temporary Placeholder: The provisional specification doesn't need to
include all the intricate technical details of the invention. It's meant to provide
an initial overview, allowing inventors to file quickly while having more time to
work on the invention's complete details.
4. Time Window: Once a provisional specification is filed, the applicant has a
time window (usually twelve months) to submit a complete specification. This
allows inventors to refine the invention, conduct further research, and gather
additional information to create a comprehensive and detailed complete
specification.
 5. Conversion to Complete Specification: The provisional specification can
be converted into a complete specification by adding more detailed information
about the invention, including technical drawings, explanations, and claims.
The complete specification forms the basis for evaluating the patent
application.
6. Flexibility: A provisional specification provides flexibility to inventors,
allowing them to establish a priority date and secure their invention's place in
the patent queue while having the chance to gather more information before
finalizing the patent application.
As per the IPR law for the provisional specification:
Provisional Specification:
1. Filing Complete Specification must be done within 12 Months:
• If you file an application for a patent along with a provisional specification (a
preliminary document outlining your invention), you have to submit a complete
specification within twelve months from the application filing date.
• If you don't file the complete specification within this time frame, your
application will be considered abandoned. In other words, it won't move
forward for further consideration.
2. Combined Patent for Similar Inventions:
• If you, as the same applicant, file multiple patent applications with provisional
specifications for related inventions, and the inventions are closely related or
one is a modification of another, the Controller (the patent office) can allow you
to file just one complete specification for all those provisional specifications.
• This helps if the related inventions together can be considered as a single larger
invention.
3. Counting Time from Earliest Provisional Specification:
• The time limit of twelve months (as mentioned in the first point) starts from the
date of filing of the earliest provisional specification among the related
applications.
Complete specification
It is a comprehensive and detailed document that provides a full and thorough
description of an invention. It includes all the technical details, components,
functionalities, and specific aspects of the invention that an applicant seeks to protect
with a patent. A complete specification is a crucial part of a patent application, as it
defines the scope of the invention and outlines the boundaries within which the patent
rights will be granted.
Key points about a complete specification:
1. Comprehensive Description: Unlike a provisional specification, which
offers a basic outline of the invention, a complete specification contains in-
 depth technical details. It explains the invention thoroughly, including how it
works, its components, and any processes or methods involved.
2. Claims: One of the most important parts of a complete specification is the
claims section. Claims are precise statements that define what aspects of the
invention the applicant seeks to protect. They outline the novel and inventive
features that distinguish the invention from existing technologies.
3. Novelty and Inventive Step: The complete specification must demonstrate
how the invention is different from prior art (existing knowledge) and how it
involves an inventive step or non-obvious advancement in the relevant field.
4. Enablement Requirement: The specification should be detailed enough to
enable a person skilled in the relevant field to understand and reproduce the
invention without undue experimentation. This ensures that the invention's
details are clear and comprehensive.
5. Best Method: The complete specification must also disclose the best method
known to the applicant for performing the invention. This ensures that the
patent office and the public have access to the most effective way to implement
the invention.
6. Abstract: A complete specification includes an abstract, which is a summary
of the invention. The abstract provides a brief overview of what the invention is
and its key features.
7. Single Invention or Group of Inventions: The claims in a complete
specification relate to a single invention or a group of inventions that are linked
and share a single inventive concept.
8. Legal Protection Basis: The claims in the complete specification define the
scope of the invention for which the applicant is seeking patent protection. Any
technology or product that falls within the defined scope may be protected by
the patent rights.
The deadlines for submitting complete specifications, the possibility of combining
related inventions under one patent, and the flexibility to treat a complete specification
as provisional under certain circumstances are as follows:
1. Filing Application with Complete Specification:
• If you submit an application for a patent and include a specification that seems
complete (contains all the details about your invention), the Controller (patent
office) may consider it as a provisional specification if you request this within
twelve months from the application filing date.
• Treating it as provisional means you'll have more time to refine and finalize
your invention details before it's fully considered for a patent.
2. Canceling Provisional Specification and Post-Dating:
 • If you initially filed with a provisional specification and later submitted a
complete specification, you can ask the Controller to cancel the provisional
specification.
• This can help if your invention evolved significantly between the provisional
and complete stages.
• You can also request to post-date your application to the date you filed the
complete specification.
Patent Procedure in India
The patent procedure in India involves several steps that an inventor or applicant must
follow to secure patent protection for their invention. Here's an overview of the patent
procedure in India:
1. Preparation of Invention: The process begins with conceptualizing and
developing an invention. It's crucial to thoroughly understand the invention's
technical details and unique features before proceeding.
2. Prior Art Search: Before filing a patent application, it's advisable to conduct
a prior art search to ensure that the invention is novel and not already patented
or published.
3. Drafting Provisional Specification: If the invention is in a relatively early
stage of development, the applicant can file a provisional specification. This
provides a basic description of the invention and establishes a priority date.
4. Filing Patent Application: The formal patent application is filed with the
Indian Patent Office. It includes a complete specification that thoroughly
describes the invention, including technical details, drawings, claims, and other
necessary information.
5. Examination Request: After filing the application, the applicant can choose
to file a request for examination. The patent office will not automatically
examine the application unless a request is made.
6. Publication: Once the application is in order and accepted, it is published in
the official patent journal. This publication provides public notice of the
invention.
7. Examination: If a request for examination was filed, the patent office
examines the application for compliance with patent laws, including novelty,
inventive step, and industrial applicability. The patent office may issue
examination reports, and the applicant needs to address any objections or
provide clarifications.
8. Amendments and Responses: The applicant can amend the application or
respond to the examination report within the stipulated time frame to
overcome objections raised by the patent office.
 9. Grant or Refusal: If the patent office is satisfied with the application's
compliance with patent laws, the patent is granted. If not, the application may
be refused. In case of a refusal, the applicant can appeal the decision.
10. Post-Grant Opposition: After the grant, third parties have a window to file
oppositions against the granted patent if they believe it doesn't meet
patentability criteria.
11. Term and Renewals: A patent is typically granted for a specific term (usually
20 years from the filing date). Annual renewal fees must be paid to keep the
patent in force.
Registration and Renewal fee payment [https://ipindia.gov.in/form-and-
fees.htm]
In India, the registration and renewal of patents involve fees that applicants and patent
holders need to pay to the Indian Patent Office to secure and maintain their patent
rights. An overview of the registration and renewal fee payment process for patents in
India:
Registration Fees:
1. Filing Fee: The filing fee is the initial fee paid at the time of submitting the
patent application. The fee varies depending on factors such as the applicant's
category (individual, small entity, or other), the type of application (physical or
e-filing), and the number of claims. Different fee structures apply for
individuals, small entities, and other entities.
2. Examination Request Fee: If an applicant chooses to request an
examination of their patent application, a separate fee must be paid. This fee is
payable after the application is filed and before the patent office initiates the
examination process.
3. Additional Claims Fee: If the patent application contains more than ten
claims, an additional fee is applicable for each claim beyond the tenth one.
4. Request for Expedited Examination: If an applicant wishes to expedite
the examination process, an additional fee can be paid to request expedited
examination.
Renewal Fees: After a patent is granted, the patent holder (applicant/owner) needs
to pay renewal fees to maintain the patent's validity over its term. These fees are paid
annually, starting from the third year after the patent's grant date. The renewal fees
increase with each subsequent year until the patent's term expires.
Renewal fee rates are different for individual inventors, small entities, and other
entities. In general, renewal fees are higher for entities other than individual inventors
and small entities.
It's important to note that renewal fees must be paid on time; failure to pay them can
result in the patent's expiration and loss of patent rights. If the patent holder misses
the payment deadline, there's usually a grace period during which the fees can be paid
with a late fee.
Renewal fees are paid annually and progressively increase as the patent ages. It's
crucial to keep track of the due dates for renewal fee payments and to budget for these
fees over the patent's lifespan.
The specific fee amounts, payment methods, and deadlines can change over time due
to updates in patent regulations
Infringement of a patent
In the context of patent law, infringement refers to the unauthorized use, making,
selling, or importing of a patented invention by someone other than the patent holder.
There are different types of patent infringement, including literal infringement,
equivalence infringement, and indirect infringement. Let's break down each type:
1. Literal Infringement:
Literal infringement occurs when someone directly uses the patented invention
without any modifications or variations that might change the core features described
in the patent claims. In other words, if someone copies the exact elements and
characteristics of the patented invention as described in the patent claims, it can be
considered literal infringement.
Example: If a patented device has specific components and functions, and another
party makes, uses, or sells an identical device with the same components and
functions, it might be a case of literal infringement.
2. Equivalence Infringement:
Equivalence infringement refers to situations where an accused product or process
does not exactly match the language of the patent claims but performs substantially
the same function in a similar way and achieves similar results. In other words, it's
about determining whether a variation is equivalent to the claimed invention.
This type of infringement accounts for minor modifications that do not change the
essential functionality or purpose of the invention. Courts analyze factors like the
overall function, differences in structure or method, and whether the variation was
obvious to determine equivalence infringement.
Example: If a patented process involves heating a substance to a certain temperature
and another party uses a different method to achieve the same temperature, it might
be considered equivalence infringement if the overall purpose and effect are similar.
3. Indirect Infringement:
Indirect infringement occurs when a party contributes to or induces another party to
infringe a patent. There are two types of indirect infringement:
Contributory Infringement: This happens when someone supplies or sells a
component, material, or product that is specially designed for use in an infringing
manner. To prove contributory infringement, it's necessary to establish that the
supplied component is a key part of the infringing process.
Induced Infringement: This occurs when someone intentionally encourages or induces
another party to infringe a patent. The inducer knows or should know that their actions
will lead to infringement.
Example of Contributory Infringement: If a company sells a part that is specifically
designed to be used in an infringing product, they might be held liable for contributory
infringement.
Example of Induced Infringement: If someone actively encourages others to use a
patented process in a way that infringes the patent, they might be held liable for
induced infringement.

Defenses: Defenses in patent law are legal arguments that a defendant can present
to counter claims of patent infringement. Some common defenses include:
• Invalidity: Challenging the validity of the patent by showing that it does not
meet the criteria for novelty, inventive step, or other requirements.
• Non-Infringement: Asserting that the accused activity does not fall within
the scope of the patent claims, meaning it does not use, make, or sell the
patented invention.
• Prior Use: Demonstrating that the defendant was already using the invention
before the patent's filing or priority date.
• Experimental Use: Showing that the accused activity is for research,
experimentation, or educational purposes and not for commercial gain.
• Exhaustion: Arguing that the patent rights have been exhausted when the
patented product was sold to the defendant or others in the distribution chain.
Experiment, Research, or Education: This defense allows individuals or entities
to use patented inventions for experimentation, research, or educational purposes
without facing infringement claims. It acknowledges the importance of advancing
scientific knowledge and learning.
Bolar Exemption: The Bolar exemption allows generic drug manufacturers to
perform tests and studies necessary for regulatory approvals of generic drugs before
the expiration of the original drug's patent. It ensures that the regulatory process is
not hindered by patent rights.
Government Use: Governments can use patented inventions without the patent
holder's consent for public interest or national security reasons. However,
governments are typically required to provide reasonable compensation to the patent
holder.
Patent Exhaustion: The doctrine of patent exhaustion states that once a patent
holder sells a patented product, they no longer have control over what the buyer does
with that specific product. The buyer can use, sell, or dispose of it without infringing
the patent.
Patent Misuse: Patent misuse occurs when a patent holder improperly uses their
patent rights to extend control beyond what's granted by the patent. It can include
practices that create an anticompetitive effect or tie unrelated products together.
Inequitable Conduct: Inequitable conduct refers to deceptive behavior by the
patent applicant or holder during the patent application process. If the applicant
intentionally withholds relevant information from the patent office, the patent may be
rendered unenforceable.
Remedies: Remedies are legal solutions to address patent infringement and
compensate the patent holder for harm caused by the infringement.
Injunction: An injunction is a court order that prohibits the infringing party from
continuing the infringing activity. Injunctions can be preliminary (temporary) or
permanent and can have significant impact on the infringing party's business.
Account of Profits: The account of profits remedy requires the infringing party to
hand over the profits they earned from the infringing activity. This remedy aims to
provide monetary compensation to the patent holder.
Costs: In a patent infringement case, the losing party may be ordered to pay the
prevailing party's legal costs. This is a way to compensate the successful party for the
expenses they incurred while defending their patent rights.
International Instruments
In the realm of intellectual property, several international instruments and
agreements have been established to provide a framework for protecting various forms
of intellectual property rights, including patents. These instruments promote
harmonization of laws and procedures across different countries, facilitating global
trade and innovation. Here are some key international instruments related to
intellectual property and patents:
1. Paris Convention for the Protection of Industrial Property (1883)
2. Patent Cooperation Treaty (PCT) (1970)
3. World Trade Organization (WTO) Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) (1994)
4. Berne Convention for the Protection of Literary and Artistic Works (1886)
5. Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure (1977)
6. Nairobi Treaty on the Protection of the Olympic Symbol (1981)
7. WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms
Treaty (WPPT) (1996)
Paris Convention for the Protection of Industrial Property (1883)
The Paris Convention, established in 1883, is the oldest international agreement
focused on protecting intellectual property (IP) rights. It covers various aspects of
industrial property, including patents, trademarks, industrial designs, and more. It
was updated in 1967.
Guiding Principles:
The Convention is built on three main principles:
National Treatment: Every country that's part of the Convention must give foreign
inventors and creators the same level of protection as it gives to its own citizens.
Right of Priority: If someone applies for a patent or design in one Convention country,
they get a certain time period (usually 6 or 12 months) to apply for protection in other
Convention countries. This way, they don't have to apply everywhere at once, making
the process more flexible.
Uniform Rules: The Convention sets common rules that all member countries have to
follow. For example, patents granted in different countries for the same invention are
considered separate, and the person who invented the thing gets credit in the patent.
Also, designs must be protected in each country, even if the products aren't made
there.
Right of Priority in Detail:
Imagine you come up with a new invention, and you apply for a patent in your home
country. The Paris Convention says that for a certain time after that (6 or 12 months),
you can apply for patents in other countries and still be treated like you applied on the
same day you applied at home. This gives you time to decide where else you want
protection.
National Treatment:
This means that a person from one Convention country should be treated the same as
a person from another country when it comes to IP protection. If your country is part
of the Convention, you can't treat foreign inventors or creators unfairly.
Uniform Rules:
The Convention makes sure that certain things are the same across all countries that
are part of it. For example, if you get a patent for your invention in one country, it's
not automatically protected in another. But the Paris Convention says that's okay. It
also says that trade names (business names) should be protected in every country
without needing extra paperwork.
World Trade Organization (WTO) Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) (1994)
The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) is a
significant international treaty that sets out the minimum standards for the protection
of various forms of intellectual property (IP) rights. It was negotiated under the
auspices of the World Trade Organization (WTO) and came into effect on January 1,
1995. The TRIPS Agreement aims to strike a balance between protecting IP rights and
promoting global trade and innovation. Here's an overview of the key aspects of the
TRIPS Agreement:
 1. Scope and Coverage: The TRIPS Agreement covers a wide range of
intellectual property rights, including patents, trademarks, copyrights, trade
secrets, geographical indications, and industrial designs. It sets out the
standards for the protection and enforcement of these rights.
2. Minimum Standards: TRIPS establishes minimum standards that member
countries must follow to protect and enforce IP rights. This ensures that all
WTO member countries provide a certain level of IP protection, which
promotes consistency and fair treatment for creators and innovators across
different jurisdictions.
3. National Treatment and Most-Favored-Nation Treatment: The TRIPS
Agreement requires member countries to treat foreign IP holders the same way
they treat their own citizens or entities (national treatment). Additionally,
member countries must provide the same level of protection to IP holders from
all other member countries (most-favored-nation treatment).
4. Patents and Pharmaceuticals: TRIPS requires member countries to
provide patent protection for inventions in all fields of technology, including
pharmaceuticals. However, there was a debate about the implications of patent
protection on access to affordable medicines, particularly in developing
countries. The Doha Declaration on TRIPS and Public Health reaffirmed the
flexibilities available to member countries to take measures to protect public
health and ensure access to essential medicines.
5. Enforcement: TRIPS sets out rules for the enforcement of IP rights, including
civil and criminal procedures, remedies, and border measures to prevent the
import and export of counterfeit or pirated goods.
6. Transitional Periods for Developing Countries: Developing countries
were given flexibility to implement the TRIPS Agreement gradually, allowing
them time to adjust their laws and systems to comply with the standards.
7. Dispute Settlement: The WTO's Dispute Settlement Understanding
provides mechanisms for resolving disputes related to TRIPS. This ensures that
member countries uphold their obligations under the Agreement.
8. Technology Transfer: TRIPS recognizes the importance of technology
transfer between developed and developing countries to promote technological
development and economic growth.
9. Public Policy and Flexibilities: The Agreement acknowledges the
importance of striking a balance between IP protection and other public policy
objectives, such as public health, nutrition, and the promotion of cultural
diversity.
The TRIPS Agreement represents a significant step in international IP law, aiming to
create a level playing field for intellectual property protection while addressing
concerns related to access to essential goods and technology. It has played a crucial
role in shaping global IP standards and fostering cooperation among WTO member
countries.
Patent Cooperation Treaty (PCT) (1970)
The Patent Cooperation Treaty (PCT) is an international treaty that simplifies and
streamlines the process of seeking patent protection in multiple countries. It provides
a unified framework for filing a single international patent application that can be used
to seek patent rights in multiple countries or regions. The PCT is administered by the
World Intellectual Property Organization (WIPO) and offers several key benefits for
inventors and applicants. Here's a closer look at the main features of the PCT:
1. Unified Application Process: With the PCT, inventors can file a single
international patent application instead of filing separate applications in each
country where they want protection. This reduces paperwork, administrative
burden, and costs associated with filing multiple national applications.
2. International Search: After filing a PCT application, an international search
is conducted by a recognized international search authority. This search
identifies existing inventions (prior art) related to the claimed invention. The
search report provides valuable information for evaluating the patentability of
the invention.
3. International Publication: The PCT application is published by WIPO
approximately 18 months from the priority date (usually the filing date). This
publication makes the technical details of the invention publicly available,
promoting transparency and knowledge sharing.
4. International Preliminary Examination (Optional): Applicants have
the option to request an international preliminary examination. This is a more
in-depth examination of the claimed invention's patentability. While not
mandatory, it helps applicants assess the strengths and weaknesses of their
application before entering the national phase.
5. National/Regional Phase: At the end of the PCT process, applicants choose
the countries or regions where they want to pursue patent protection. This is
known as the national or regional phase. Each selected country or region
conducts its own examination and grants or denies the patent based on its
national laws.
6. Benefits of the PCT:
• Time Flexibility: The PCT provides an extended period (usually 30
months from the priority date) for applicants to decide where to seek
patent protection, allowing them more time to assess commercial
potential and secure funding.
• Cost Efficiency: Filing a single PCT application is more cost-effective
than filing separate national applications. This allows applicants to defer
costs until they have a clearer idea of where they want protection.
• Improved Patent Strategy: The international search report and
preliminary examination report (if requested) provide insights into
patentability, helping applicants refine their patent strategy before
entering the national phase.
 7. National Laws Apply: While the PCT simplifies the filing process, patent
rights are granted and enforced based on the laws of individual countries or
regions. Applicants need to meet the requirements of each country's patent
office to secure patent protection.
In summary, the Patent Cooperation Treaty offers a streamlined and efficient route for
inventors and applicants to seek patent protection on a global scale. It simplifies the
process of filing, searching, and assessing the patentability of an invention, ultimately
contributing to a more effective and strategic approach to international patent
protection.

Budapest Treaty on the International Recognition of the Deposit of

Microorganisms for the Purposes of Patent Procedure (1977)
agree to adhere to its provisions and provide access to
he Budapest Treaty on the International Recognition of the Deposit of Microorganisms
microorganism deposits in their territory.
for the Purposes of Patent Procedure, commonly known as the Budapest Treaty, is an
international treaty that addresses the deposit of microorganisms for patent purposes.
It was adopted in Budapest, Hungary, in 1977 and is administered by the World
Intellectual Property Organization (WIPO). The treaty aims to facilitate the patenting
of inventions that involve microorganisms by providing a mechanism for the deposit
and access to these microorganisms. Here's an overview of the key aspects of the
Budapest Treaty:
1. Microorganism Deposits: Many inventions, particularly in biotechnology
and genetic engineering, involve the use of microorganisms such as bacteria,
yeast, and fungi. These microorganisms play a crucial role in the development
and implementation of various inventions. The Budapest Treaty addresses the
need to deposit these microorganisms to ensure reproducibility and proper
examination of patent applications.
2. Depositary Authorities: The treaty establishes a network of depositary
authorities, which are specialized institutions that accept and store
microorganism deposits. These authorities ensure the safekeeping of the
deposited microorganisms and provide access to them for examination and
research purposes.
3. Accession to the Treaty: Countries that are members of the Budapest Treaty
("Contracting Parties") agree to adhere to its provisions and provide access to
microorganism deposits in their territory. This encourages the harmonization
of procedures for microorganism deposits and access across different countries.
4. Benefits of the Budapest Treaty:
• Facilitates Patenting: The treaty provides a way to satisfy the
requirement of disclosing the biological material necessary for the
invention's implementation.
• Promotes Reproducibility: Microorganism deposits ensure that
other researchers can reproduce the invention's results and verify its
accuracy.
 • Supports Patent Examination: Patent examiners can access
deposited microorganisms to assess the validity and novelty of the
invention.
• Saves Time and Resources: Applicants can focus on their patent
applications without the need to provide samples to patent offices or
potential infringers.
5. Designation of Deposits in Patent Applications: Applicants who use
microorganisms in their inventions can fulfill the disclosure requirement by
including information about the deposited microorganisms in their patent
applications. This allows patent examiners and the public to access the
deposited microorganisms to confirm the accuracy of the patent application.
6. Availability of Samples: The treaty requires depositary authorities to
furnish samples of the deposited microorganisms to anyone who requests them
for research and development purposes. This promotes further innovation and
collaboration in the field of biotechnology.
In summary, the Budapest Treaty addresses the challenges of patenting inventions
involving microorganisms by providing a standardized and organized way to deposit
and access these essential biological materials. It facilitates patent examination,
supports transparency, and contributes to the advancement of biotechnological
research and innovation on a global scale.
Patenting Biotechnology Inventions
Unique nature of Biotechnology
Patenting biotechnology inventions involves a unique set of challenges and
considerations due to the distinctive nature of biotechnology. Biotechnology
inventions often involve living organisms, genetic materials, and complex processes
that have a significant impact on various industries, including medicine, agriculture,
and environmental science. Here are some key aspects that highlight the unique nature
of biotechnology and its implications for patenting:
1. Living Organisms and Genetic Information: Biotechnology inventions often
relate to living organisms such as microorganisms, plants, animals, and even
human cells. These inventions may involve genetic modifications, gene
sequences, and genetic engineering techniques. Unlike traditional mechanical
or chemical inventions, biotechnology innovations are closely tied to the genetic
makeup and functioning of living organisms.
2. Complexity and Interdisciplinarity: Biotechnology inventions combine
knowledge from various scientific fields, including biology, chemistry, genetics,
and engineering. The interdisciplinary nature of biotechnology inventions
makes them inherently complex and challenging to understand and assess,
both for inventors and patent examiners.
3. Ethical and Moral Considerations: Biotechnology raises ethical and moral
questions, especially when it comes to the manipulation of genetic material and
the potential for unintended consequences. Patenting biotechnology inventions
 may involve addressing ethical concerns related to genetic modification,
cloning, and potential misuse of technology.
4. Regulatory Oversight: Many biotechnology inventions are subject to
regulatory oversight due to concerns about safety, environmental impact, and
public health. Obtaining a patent does not guarantee the right to commercialize
an invention without adhering to regulatory requirements.
5. Disclosure and Enabling Requirements: Patents require clear and complete
disclosure of the invention's details to enable others skilled in the field to
replicate and use the invention. In biotechnology, this can be challenging, as
the intricate details of genetic sequences, molecular interactions, and cellular
processes must be described accurately.
6. Biological Materials and Deposits: Biotechnology inventions often involve the
use of biological materials, such as cell lines, microorganisms, and genetic
sequences. The availability and deposit of these materials play a crucial role in
ensuring the reproducibility and validity of the invention.
7. Overlap with Other Intellectual Property: Biotechnology inventions may also
be eligible for other forms of intellectual property protection, such as plant
variety protection, data exclusivity, and regulatory exclusivities in the
pharmaceutical and agrochemical industries.
8. Global Nature and Cooperation: Biotechnology is a global field with
international collaboration and knowledge sharing. Patents granted in one
country can impact research and development efforts in other countries,
necessitating coordination and cooperation among patent offices.
Given these unique characteristics, patenting biotechnology inventions requires
careful navigation of legal, scientific, ethical, and regulatory landscapes. Inventors and
applicants must work closely with patent professionals who understand the nuances
of biotechnology and can effectively communicate the technical and legal aspects of
the invention to patent examiners and regulatory authorities. Additionally, they must
consider the broader implications of their inventions on society, ethics, and the
environment.
Patentability Requirements and Biotechnology Inventions
Patentability requirements for biotechnology inventions, like all other types of
inventions, are designed to ensure that the granted patents contribute to innovation,
promote progress, and strike a balance between rewarding inventors and fostering
public access to knowledge. However, due to the unique nature of biotechnology, there
are specific considerations and challenges related to each of the patentability
requirements. Here's how the standard patentability requirements apply to
biotechnology inventions:
1. Novelty: Biotechnology inventions involve complex genetic sequences,
molecular interactions, and cellular processes. To meet the novelty
requirement, a biotechnology invention must be new and not previously
disclosed or made available to the public. The intricacies of genetic information
 and molecular structures make it crucial to provide clear and comprehensive
descriptions of the invention's unique features that distinguish it from prior art.
2. Non-Obviousness (Inventive Step): The non-obviousness requirement
poses challenges for biotechnology due to the interdisciplinary nature of the
field and the rapid advancement of genetic engineering techniques.
Biotechnology inventions often combine knowledge from biology, genetics,
chemistry, and engineering. Inventors must demonstrate that their invention
involves an inventive step, meaning it is not obvious to someone skilled in the
relevant field. This requires showing that the invention's innovation goes
beyond conventional practices and combines elements in a non-obvious
manner.
3. Industrial Applicability: Biotechnology inventions must have a practical
and credible utility or application to be considered industrially applicable. In
the context of biotechnology, this requirement is often met by demonstrating
how the invention can be used for medical treatments, agricultural
improvements, environmental solutions, or other practical purposes. The
application must be more than theoretical; it should show that the invention
can be applied in a real-world context.
4. Adequate Description (Enablement): The enablement requirement
necessitates that the patent application provides enough information for
someone skilled in the field to replicate and use the invention without undue
experimentation. In biotechnology, this can be challenging due to the
complexity of genetic sequences and cellular processes. The application should
include detailed descriptions of methods, materials, and experimental data that
enable others to practice the invention.
5. Best Mode: The best mode requirement obliges inventors to disclose the best
method known to them for carrying out the invention. In biotechnology, this
includes disclosing the most effective techniques for modifying genetic
sequences, conducting experiments, or achieving desired outcomes. Failure to
disclose the best mode could lead to challenges during patent enforcement.
6. Unity of Invention: Unity of invention requires that a patent application
covers a single invention or a group of inventions that share a single inventive
concept. In biotechnology, this can apply to multiple aspects of a genetic
sequence, a therapeutic method, or an industrial application. The challenge is
to define the common inventive concept among related elements.
Biotechnology inventions often involve cutting-edge research and innovative
applications of genetic information. To meet patentability requirements,
biotechnology inventors must carefully document their work, provide comprehensive
explanations, and illustrate how their inventions contribute to technical progress and
practical applications. Consulting with experts in both biotechnology and patent law
can help navigate the complexities and challenges of patenting in this field.
Patentable Subject Matter- USA
In the United States, the patent system grants protection to various types of
inventions, provided they meet certain criteria. The patentable subject matter in the
U.S. is defined by the U.S. Patent and Trademark Office (USPTO) and is outlined in
Section 101 of the U.S. Patent Act. This section defines the types of inventions that are
eligible for patent protection. Here's an overview of the patentable subject matter in
the U.S.:
Utility Patents:
Utility patents are the most common type of patents granted in the U.S. They cover
new and useful processes, machines, manufactures, or compositions of matter, or any
new and useful improvements thereof. This category includes a wide range of
inventions, from mechanical devices and chemical compounds to software algorithms
and methods of doing business.
Plant Patents:
Plant patents are granted for distinct and new varieties of plants that have been
asexually reproduced (other than by seed). This category includes plants that are
unique and have not been found in nature or previously cultivated.
Design Patents:
Design patents protect the ornamental design or appearance of an article of
manufacture. Unlike utility patents, design patents focus on the visual aesthetics of an
object rather than its functional aspects.
Examples of patentable subject matter within each category include:
Utility Patents: Software algorithms, pharmaceutical compounds, manufacturing
processes, medical devices, electronic circuits, chemical compositions, and methods of
doing business (if they have a practical, tangible application).
Plant Patents: New and distinct varieties of plants that have been asexually
reproduced, such as hybrid roses or fruit trees.
Design Patents: Unique and ornamental designs applied to everyday objects, such as
the shape of a bottle, the design of a smartphone casing, or the pattern on a fabric.
It's important to note that not all inventions are eligible for patent protection. The U.S.
patent law excludes certain subject matters from patentability, such as laws of nature,
natural phenomena, abstract ideas, and purely mental processes. Additionally,
inventions must meet the criteria of novelty, non-obviousness, and utility to be eligible
for a patent.
In recent years, the interpretation of patentable subject matter has been subject to
legal debates and court decisions. For example, determining whether software-related
inventions or medical diagnostic methods are eligible for patents has been a topic of
discussion. The U.S. Supreme Court case of Alice Corp. v. CLS Bank International
(2014) clarified the standards for patent eligibility for abstract ideas implemented on
a computer.
Overall, patentable subject matter in the U.S. covers a wide array of inventions,
reflecting the country's commitment to encouraging innovation and technological
progress across various industries.
Patentable Subject Matter- Europe
In Europe, patentable subject matter is defined by the European Patent Convention
(EPC) and the interpretation of the Convention by the European Patent Office (EPO).
The EPC provides guidelines on the types of inventions that are eligible for patent
protection within the member states of the European Patent Organisation. Here's an
overview of patentable subject matter in Europe:
1. Technical Character: One of the key criteria for patentability in Europe is
that the invention must have a "technical character." This means that the
invention must relate to a technical field of knowledge and have a technical
effect. Purely abstract or non-technical ideas, mathematical methods, and
business methods are generally excluded from patent protection if they lack
technical character.
2. Novelty and Inventive Step: Inventions must also meet the criteria of
novelty and inventive step (non-obviousness) to be patentable. They must be
new and involve an inventive step that is not obvious to a person skilled in the
relevant technical field.
3. Exclusions from Patentability: The EPC lists certain subject matters that
are explicitly excluded from patent protection. These include:
• Discoveries, scientific theories, and mathematical methods.
• Aesthetic creations, plans, rules, and methods for performing mental
acts.
• Computer programs as such (although technical applications of software
can be patentable).
• Methods of medical treatment of humans or animals.
• Plant or animal varieties or essentially biological processes for the
production of plants or animals (however, biotechnological inventions
can be patented if they meet certain criteria).
4. Biotechnological Inventions: Biotechnological inventions are subject to
specific rules and guidelines. They can be patented if they involve a technical
process for producing, modifying, or using a biological material, and if the
invention is new, involves an inventive step, and is capable of industrial
application. Inventions related to genetic engineering, recombinant DNA
technology, and specific applications of biotechnology may be patentable.
5. Software-Related Inventions: The patentability of software-related
inventions in Europe is assessed based on their technical character and
technical effects. If a software invention provides a technical solution to a
 technical problem, it may be patentable. However, pure software algorithms or
computer programs as such are excluded from patent protection.
6. Business Methods: Business methods are generally not patentable in Europe
if they are purely abstract or do not involve a technical character or effect.
However, if a business method involves a technical solution to a technical
problem, it may be eligible for patent protection.
Overall, patentable subject matter in Europe is determined by a combination of
technical character, novelty, inventive step, and industrial applicability. The European
Patent Office plays a crucial role in examining patent applications and ensuring that
they meet the established criteria for patentability. Legal decisions and case law
further shape the interpretation of patentable subject matter in the European context.
Patentable Subject Matter- India
In India, the patentable subject matter is governed by the Indian Patents Act, 1970.
The Act outlines the types of inventions that are eligible for patent protection in the
country. Here's an overview of the patentable subject matter in India:
1. Novelty and Inventive Step: To be eligible for a patent in India, an invention
must be new (novel) and involve an inventive step. It should not be anticipated
by prior knowledge or prior art, and it should not be obvious to a person skilled
in the relevant field. The invention must contribute something new and non-
obvious to the existing body of knowledge.
2. Industrial Applicability: The invention must be capable of industrial
application, meaning it should be capable of being made or used in an industry.
It should have a practical utility and a clear purpose that can be realized through
its application.
3. Exclusions from Patentability: The Indian Patents Act excludes certain
subject matters from patent protection. These include:
• Inventions that are frivolous or contrary to well-established natural
laws.
• Inventions that would cause harm to humans, animals, or the
environment.
• Methods of agriculture or horticulture.
• Processes for the medicinal, surgical, curative, prophylactic, diagnostic,
therapeutic, or other treatment of humans or animals.
• Computer programs as such (although technical applications of software
can be patentable).
• Traditional knowledge and biological resources obtained from Indian
biodiversity.
4. Biotechnological Inventions: Biotechnological inventions can be patented
in India if they meet the criteria of novelty, inventive step, and industrial
 applicability. This includes inventions related to microorganisms, recombinant
DNA technology, genetically modified organisms, and other biotechnological
processes. However, the Indian Patents Act prohibits the patenting of
traditional knowledge and biological resources obtained from Indian
biodiversity.
5. Software-Related Inventions: Similar to many other countries, the
patentability of software-related inventions in India is determined by their
technical character and technical effects. If a software invention provides a
technical solution to a technical problem, it may be eligible for patent
protection. However, algorithms and computer programs as such are excluded
from patentability.
6. Business Methods: Business methods are not explicitly mentioned in the list
of excluded subject matters in the Indian Patents Act. However, to be
patentable, a business method must meet the criteria of novelty, inventive step,
and industrial applicability. If a business method involves a novel and non-
obvious technical solution to a technical problem, it may be eligible for patent
protection.
Overall, the patentable subject matter in India is defined by a combination of novelty,
inventive step, industrial applicability, and exclusions from patentability. The
interpretation of these criteria is shaped by legal decisions and case law in the Indian
patent system.
Patentability of Software Inventions in USA
The patentability of software inventions in the United States is a nuanced and evolving
area of patent law. The U.S. Patent and Trademark Office (USPTO) and the courts have
developed guidelines and principles to determine whether software-related inventions
are eligible for patent protection. Here's a closer look at the factors influencing the
patentability of software inventions in the USA:
Statutory Basis:
The U.S. patent law is governed by 35 U.S.C. §101, which states that "any new and
useful process, machine, manufacture, or composition of matter, or any new and
useful improvement thereof" can be patented. Software inventions are often
categorized as processes.
Alice Corp. v. CLS Bank International (2014):
The U.S. Supreme Court's Alice decision established a two-part framework, known as
the Alice/Mayo test, for evaluating whether an invention is eligible for patent
protection. The test helps determine if an invention claims an abstract idea or natural
phenomenon without providing significantly more.
Alice/Mayo Test:
The Alice/Mayo test involves two steps:
a. Determine whether the claims are directed to a patent-ineligible concept, such as an
abstract idea, natural law, or mathematical formula.
b. If the claims are directed to a patent-ineligible concept, assess whether the claims
include an inventive concept that adds significantly more than the patent-ineligible
concept, making the claims something more than just an abstract idea.

Technical Improvement and Practical Application: For software inventions to be

eligible for patent protection, they must offer a technical solution to a technical
problem. Demonstrating how the invention involves a practical application and
provides a tangible benefit in a technical field can enhance its patentability.
Specific Implementation and Novelty: Software inventions that are tied to a specific
implementation or novel technical solution are more likely to be considered
patentable. Describing how the software functions in a unique and innovative way can
strengthen the case for patent eligibility.
Tangible Outcomes and Concrete Steps: When seeking patent protection for software
inventions, it can be helpful to highlight how the invention produces a tangible
outcome or involves concrete steps beyond just implementing an abstract concept.
Integration with Hardware: Linking software inventions to specific hardware
components or physical systems can increase the likelihood of patent eligibility. The
integration of software with hardware can demonstrate a technical application that
goes beyond a mere abstract idea.
Dependence on Precedent and Case Law: The patentability of software inventions is
often influenced by legal decisions and precedents set by court rulings. Evaluating
similar patents and case law can provide insights into the likelihood of obtaining
patent protection.
Expert Legal Guidance: Given the evolving nature of patent law, especially in relation
to software inventions, seeking advice from experienced patent attorneys who
specialize in software-related patents is crucial. They can help navigate the complex
legal landscape, craft effective patent claims, and increase the chances of successful
patent prosecution.

Patentability of software inventions in Europe

The patentability of software inventions in Europe is governed by the European Patent
Convention (EPC) and the interpretation of the Convention by the European Patent
Office (EPO). While Europe shares some common principles with the United States
regarding the patentability of software, there are certain distinct factors to consider.
Here's an overview of the patentability of software inventions in Europe:
Technical Character:
Similar to the U.S., software inventions in Europe must have a technical character to
be eligible for patent protection. This means that the invention should involve a
technical solution to a technical problem and go beyond abstract or non-technical
ideas.
Aerotel/Macrossan Test:
The European Patent Office has adopted a test known as the Aerotel/Macrossan test,
which is used to assess the patentability of computer-implemented inventions,
including software. The test involves several steps:
a. Identify the contribution of the invention to the known art.
b. Determine whether the contribution has technical character.
c. Assess whether the technical contribution is novel and inventive.
Technical Effect and Technical Contribution:
For a software invention to be patentable in Europe, it should demonstrate a technical
effect or a technical contribution to a technical field. The software should solve a
technical problem or improve a technical process.
Tangible Results and Interaction with Hardware:
Emphasizing the tangible results achieved by the software and its interaction with
hardware components can enhance the case for patentability. Demonstrating how the
software affects the operation of a computer or a technical system can be
advantageous.
Programs "as such":
The EPC excludes "programs for computers" from patentability if they are considered
as such. This means that pure software programs, algorithms, and mathematical
methods are generally not eligible for patent protection unless they have a technical
character and provide a technical solution.
Technical Steps in the Claims:
When drafting patent claims for software inventions, it's essential to include technical
steps that describe the interaction with hardware or the technical problem solved.
Claims that are narrowly focused on specific technical aspects are more likely to be
deemed patentable.
Avoiding Business Methods and Pure Business Concepts:
Europe tends to be more cautious regarding the patentability of business methods and
pure business concepts. If a software invention involves a technical solution applied to
a business problem, it may have a higher chance of being considered patentable.
Expert Legal Advice:
Given the complexity and evolving nature of software patentability in Europe,
consulting with experienced patent attorneys who are well-versed in European patent
law is crucial. They can provide guidance on drafting patent applications that
emphasize technical contributions and navigate the intricacies of patent prosecution.
Patentability of Software Inventions in India
The patentability of software inventions in India is determined by the Indian Patents
Act, 1970, and its interpretation by the Indian Patent Office and the judiciary. While
software inventions can be patented in India, certain criteria must be met to ensure
eligibility. Here's an overview of the patentability of software inventions in India:
1. Technical Contribution and Novelty: To be eligible for patent protection,
a software invention in India must provide a technical contribution and be
novel. The invention should go beyond abstract ideas or algorithms and offer a
tangible technical solution to a technical problem.
2. Usefulness and Industrial Applicability: The software invention must
demonstrate a practical application and industrial utility. It should be capable
of being used in an industry and provide a practical benefit.
3. Computer Programs "as such": The Indian Patents Act excludes
"computer programs per se" from patentability. This means that mere
computer programs or algorithms without a technical effect are not eligible for
patents. However, if the software is combined with hardware elements or solves
a technical problem, it may overcome this exclusion.
4. Technical Effect and Concrete Implementation: Emphasizing the
technical effect of the software and its concrete implementation can enhance its
patentability. Describing how the software interacts with hardware components
or how it improves a technical process strengthens the case for patent eligibility.
5. Non-Obviousness (Inventive Step): A software invention must involve an
inventive step, meaning it should not be obvious to a person skilled in the
relevant technical field. It should provide an innovative solution that goes
beyond what is already known.
6. Section 3(k) Exclusion: Section 3(k) of the Indian Patents Act explicitly
excludes mathematical methods, business methods, computer programs "per
se," and algorithms from patentability. However, software inventions that have
a technical effect or technical application are not automatically excluded under
this section.
7. Drafting Patent Claims: When drafting patent claims for software
inventions in India, it's important to include technical features and specify how
the software interacts with hardware or provides a technical solution. Claims
that focus on specific technical aspects are more likely to be considered
patentable.
8. Practical Application and Demonstrable Outcome: Highlighting the
practical application and demonstrable outcomes of the software can
strengthen its patentability. Showing how the software improves efficiency,
solves a technical challenge, or enhances a technical process can support the
case for patent protection.
9. Expert Legal Guidance: Given the complexities and evolving nature of
software patentability in India, consulting with experienced patent attorneys
who are well-versed in Indian patent law is essential. They can assist in drafting
patent applications that align with the legal requirements and navigate the
patent examination process effectively.