Patentability of Biotech

Inventions in India

By
Kalyan C Kankanala
Chief Knowledge Officer
Brain League IP Services
kalyan@brainleague.com

Copyright, Brain League IP Services,

Non-commercial use is permitted
 Patentability
requirements
Patentable subject matter
Industrial Applicability
Novelty
Inventive Step
Specification

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 Patentable Subject
Matter
India
Product or Process

Genes
Living Organisms

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 Exclusions
India
Public order or morality
New form
Efficacy
New property or use
Mere use of known process
New product
New reactant

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 Exclusions
Explanation: Salts, Esters, Ethers,
Polymorphs, Metabolites, Pure forms,
Particle size, Isomers, Mixture of isomers,
Complexes, Combinations and other
Derivatives of a known substance
considered same substance
efficiency
Novartis case

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 Exclusions
Mere admixture
Medical methods
Agricultural methods
Plants, Animals or Parts thereof
Traditional Knowledge
...

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 Industrial Applicability
India

Make
Use
Repeat

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 Novelty
Known or used
Patented or published
Public Working
On sale
Abandoned
Foreign priority
Patented in another country
Derived

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 Inventive Step
Technical Advance or
Economic Significance

Not obvious to a person skilled in the

Art

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 Secondary Indicia
Commercial Success
Copying
Praise by expert
Unexpected results
Long felt need

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 Specification
Written Description
Enablement
Best Mode
Claims

Object: Notice and Dissemination

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 Example

Hybritech Case
In re Kubin

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 Thank you

Kalyan C. Kankanala
Chief Knowledge Officer,
Brain League IP Services
Email: kalyan@brainleague.com
Ph: 91-80-41489502/4
URL: www.brainleague.com
Blog: http://indianipinfo.blogspot.com/

© Brain League IP Service -2007