Dear Sir,
What are the basic requirements for Pantentability? Define also ' an inventive step'?
thanks
with Regards
Dinkar Vidyarthi (Advocate) 10 October 2008
Dear Sir,
What are the basic requirements for Pantentability? Define also ' an inventive step'?
thanks
with Regards
Senthil Kumar (Patent Consultant) 10 October 2008
The basic requirement for patentability are
i) Novel: The invention disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.
ii) Inventive: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.
iii) Industrially applicable: Invention should possess utility, so that it can be made or used in the industry.
To learn more, visit
https://www.iusmentis.com/patents/crashcourse/requirements/
Best Regards
Senthil
Shree. ( Advocate.) 10 October 2008
Dear Dinkar Vidyarthi,
These requirements will be dealt with in turn in IV, 2 and 3,4,5 to 8 and 9 respectively.
According to Patents (Amendment) Ordinance, 2004, Inventive Step means,
Section 2 (ja) “Inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;
· New definition “New invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art.