PINTAS Intellectual Property (IP) Protection Patent
1. What are the different categories of patentable inventions?
2. What is patentable?
- Article of manufacture
- Composition of matters
An invention is patentable if it is
- A patentable Invention
- Industrially Applicable
2.1 A patentable invention
- (a) The invention must be such that it permits in practice the solution to a specific problem in the field of technology.
- (b) An invention may be or may relate to a product or process.
- (c) The invention must be of a "technical character" to the extent that it must relate to a technical field, and must have technical features in terms of which the matter for which protection is sought can be defined in the claim or claims.
- (d) If the contribution is abstract or intellectual and not of a technical character, there is no patentable invention.
- (a) An invention is new if it is not anticipated by prior art.
- (b) Prior art is anything disclosed to the public anywhere in the world, by written publication, by oral disclosure, by use, or in any way prior to the priority date.
- (c) One year grace period.
- (a) Obvious/ Non Inventive if a person of ordinary skill in the area with no inventive abilities would have been led to the solution directly and without difficulty
- (b) Inventive proven if smart person says: “I wouldn’t have thought of that”
2.4 Industrially Applicable
3. What are the procedures to file a patent?
- (a) An invention shall be considered industrially applicable if it can be made or used in any kind of industry.
- (b) Articles or processes alleged to operate in a manner clearly contrary to well-established physical laws, e.g. a perpetual motion machine.
4. What does a patent do?
3.1 Novelty Search
3.2 Drafting of Patent Specification
3.3 Filing of application with specification
3.4 Application number And Priority Date
3.5 Extension to Overseas
4.1 Right to exclude others from
The invention (as defined by the claims) For 20 years (from the filing date) In countries of registration
4.2 Can sue a competitor for infringement
4.3 Can assign or license in exchange for payment
5. The life of a patent