Anything that qualifies for one of the steps above has met the lowest standard for a utility patent. The applicant must still prove that their invention has:. A design patent is a patent for an item with a unique visual style. The government uses the word ornament as a standard that the applicant must meet. The new ornament must add a special design element that sets the item apart. A design patent has less value than a utility patent.
When you have both options, always try to get a utility patent. Alternately, apply for both a design patent and a utility patent. That way, you'll protect all aspects of your invention. Design patents have a time limit of 14 years. After that, the special look of the invention goes into the public domain. Also, the patent only protects the physical appearance of the invention.
Plant patents are rare and specific. A botanist can file a claim to protect their creation of a new plant species.
Plant patents last for 20 years. The novelty requirement is easy to understand. An applicant simply needs to show that no one has thought of the invention before. To check that an invention meets this standard, the applicant must check that:. The government refers to these five standards in combination as " prior art. The inventor should focus their application description on how their product differs.
That's the key issue in establishing novelty. What matters most is that the invention is new and better than other inventions. A utility patent invention must do something. The government wants to see that the invention works or produces an outcome. Whether that result is a manufactured item or a predicted result, the invention has to work. To the USPTO, an invention has utility when it has a benefit to people or helps someone finish specific tasks.
The bar is low for this standard. Design of a printer, shape of spoons, etc. As the name suggests, plant patent is the patent granted on plants.
New plants that are produced through asexual modes of reproduction like cutting, vegetative propagation, etc. However, plant patents are not granted in India. Apart from being a new process, machine, or combination and composition of different matters, for the patent to be granted it is also required that the work be non-obvious and unique. Below mentioned are essential criteria that the work must fulfil, in order to be eligible for a grant of patent —.
For an invention to be patented it is essential that the work is unique and novel. It should not have been made before, nor been published or described in any patent application before. It is of prime importance that the work in question should be different from already existing creations in any way and has not been made by anyone before.
The requirement for the work to be new, unique and not within the public domain is provided in Section 2 l of the Patent Act, As the term suggests, the work should not be obvious to the society. It should not be such that could be easily predictable by a person who is skilled in that art. An idea to combine two things is not something on which a patent can be granted. For instance, an idea of a pencil having an eraser at its other end, thereby combining the two products, i. There has to be a uniqueness to such a combinationwhich makes an obvious idea, a not-so-obvious invention.
Sec 2 ja of the Patent Act provides the need for an "inventive step" for a work to be patented. The invention should not be vague or exist in abstract. It should be something having utility and practicability for industrial purpose. Inventions that cannot be patented in India [2]. Even after fulfilling all the requirements for the grant of patent, some inventions cannot be granted the patent in India, for some specific reasons. Indian Patent Act, , in its provisions under Section 3 and 4 specifically mentions exclusion of certain types of invention from being granted the patent, irrespective of their fulfilling the patent requirement.
Such inventions are discussed, herein:. An invention contrary to the natural law: An invention which violates morality of public at large and disturbs public order cannot be patented. Likewise, an invention made to ease gambling, theft, cyber-crimes or any criminal offence cannot be patented. Similarly, an invention for commercial exploitation is excluded from being granted the patent.
Any invention that causes or is likely to cause an adverse effect on humans, animals, plants or environment is not to be patented. Only those micro-organisms with genetically modification can be patented which do not fall under Sec.
Mere discovery: Mere discovery of a living creature or any non-living substance found in the natural environment or simply a discovery of a scientific principle shall not be patented. Such a thing has not been created or invented, it already existed in the environment from time immemorial, the fact that such thing was found or recognised late, or use of such substance was not known earlier, does not give it a ground to be called an invention and likewise, cannot be granted patent.
Discovery of a new property of a known substance: Patent is granted on a new invention and not on an already existing creation. Mere finding of a new feature of an already existing creation does not amount to it qualifying for patent, this is for the fact that the creation already existed of which a new feature has been discovered. Hence, nothing new has been created or invented. Various forms of a known substance cannot be granted a patent. However, it is only when such discovery results in formation of new product or includes at least one new reactant.
Arrangement or re-arrangement of known substances: If two substances or devices or techniques which are known and work independently as separate units are arranged or rearranged for the functioning, such arrangement shall not be patented.
A torch if attached on a mug or television, will not be patented. However, if the arrangement in question results in a complete different use of the combined product, it is eligible to be granted a patent.
Agriculture and horticulture: A technique for cultivation and agriculture cannot be patented. For example, a new type of soil, or a new technique to cultivate crops or food grains cannot be granted patent. Medical processes: Any medical, curative, surgical or therapeutic process or treatment of humans or a similar process or treatment for animals, which is been made to cure them or prevent them from disease or to increase their economic value cannot be patented.
It is to be noted that processes in this case is not considered as an invention and hence is not entitled to be patented. For instance, process of a heart surgery or kidney transplant is not patentable.
Plants and animals: Apart from the micro-organisms but including the species, seeds and other essential sexual and asexual modes and methods of reproduction and propagation is not patentable. Mathematical methods and computer programs: Any kind of mathematical process, algorithms, a business method or a computer program cannot be patented.
A computer program can be given a copyright as a 'literary or artistic work', but the same cannot be patented. Literary and artistic work: All types of literary, musical, artistic or other aesthetic creation including cinematography and television production which comes within the ambit of the Copyrights Act, gets excluded from the scope of being patented.
Method of solving a puzzle and likewise, which is a process or rule of playing a game or a mental act cannot be patented. Topography and traditional knowledge: Presentations be it audio or visual is not patented. Topography of any circuit cannot be granted patent. Home » How to identify innovative ideas with potential to win patent? How to identify innovative ideas with potential to win patent?
What is Patent? What inventions are Not Patentable in India? What is my innovative idea is about? What problem it solves?
0コメント