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IP PROTECTION



PINTAS Intellectual Property (IP) Protection Patent

1. What are the different categories of patentable inventions?
  • Article of manufacture
  • Machine
  • Process
  • Composition of matters


2. What is patentable?
An invention is patentable if it is
  • A patentable Invention
  • New
  • Inventive
  • 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.


2.2 New
  • (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.


2.3 Inventive
  • (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
  • (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.


3. What are the procedures to file a patent?
  • 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
  • 3.6 Publication
  • 3.7 Examination
  • 3.8 Grant
  • 3.9 Renewal


4. What does a patent do?

4.1 Right to exclude others from
  • Making
  • Using
  • Selling
  • Importing
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