PATENTIBILITY CRITERIA

Manisha Malik

PATENTIBILITY CRITERIA
Invention : means a new product or process involving an inventive step and capable of industrial application. For an to application to be patentable it should have: 1 Inventive step. 2 Novel/Non-obvious 3 Industrial application

INVENTIVE STEP
Inventive step is a feature of an invention that involves anyone of these:
Technical advancement compared to the existing knowledge. Having economic significance Both.

Example: KSR vs. Teleflex case. Post-mix beverage vs. Pre-mix beverage

NOVELITY/NON-OBVIOUS
An invention is considered as new/novel if it is not anticipated by:
prior publication (sec 29). Prior communication to government (sec 30). Public display (sec 31). Public working (sec 32). Use and publication after provisional specification(sec 33).

CONTINUED.
Example: 1.US vs INDIA-turmeric case. 2.Replacement of sodium chloride by potassium chloride in road salt. 3.Improvement in tire rubber. 4.Round table.

INDUSTRIAL APPLICATION
Invention must be capable of bieng made or used in industry. A specific utility should be indicated in the specification supported by the disclosure. Example: Juicy Whip, Inc. v. Orange Bang, Inc., 185 F.3d 1364, 1365 (Fed. Cir. 1999).