Tag: What is a patent
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What Kind of Inventions Can Be Patented?
As an inventor working on an idea or invention, the first thought which is often encountered includes “Is my idea patentable”, “Can my invention be patented”, "what kind of inventions can be patented" and “Is my idea patent-eligible”. The foremost thing which you need to be aware of is that a mere idea or a concept cannot be patented. Your idea or invention should be a: new product; ornew process; that solves a technical problem. You must also be aware that merely a new process or a product in itself will not qualify for an invention, additionally, the invention or idea must also: involve an inventive step (i.e., must not be obvious to a person skilled in the art); andcapable of industrial applications; Again, you may find the above terms such as ‘new product’, ‘new process’, and ‘inventive step’ may not be self-explanatory and still do…
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What is a Patent?
Before we answer this question, it is important to first understand what intellectual property or IP is. IP refers to intangible assets created by human intellect. e.g. copyright on any story, trademark for a logo, design for the shape of a bottle, etc. Similarly, patent is also a type of IP granted for an invention which fulfills the statutory requirements. By way of this IP, you basically get some rights. Now coming back to patents, shorn of its statutory intricacies and procedural niceties, a patent most simply put is a right bestowed on a person, by which he can prevent others from using his invention without his consent. The key word above is invention. Not every product or process you develop qualifies to be an invention. It has to be ‘novel’. It also shouldn’t be very obvious. To make things more confounding, some things aren’t patentable at all, no matter…
Form 27 – Understanding Form 27 for Patentees and Licensees in the Post-2024 Amendment
Patents grant inventors exclusive rights over their creations for a…
![A detailed legal analysis of a recent patent case. The article explores the interpretation of Section 3(i) of the Indian Patents Act, focusing on diagnostic methods. The court's decision, key arguments presented by the parties, and the technical aspects of the patent are discussed. The judgment emphasizes the distinction between diagnostic and non-diagnostic tests, highlighting the need for a case-by-case evaluation. The article delves into the complexities of patent eligibility, providing insights into the legal reasoning and technological considerations involved in the case](https://acuraip.com/wp-content/uploads/2023/10/Interpretation-of-Section-3i-of-the-Indian-Patent-Act-1970-in-the-Context-of-Non-Invasive-Prenatal-Testing.jpg)
Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing
Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized…
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Patent Publications vs Scientific Journal Publications: Understanding the Key Differences
Patent publications and scientific journal publications are two…
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Form 27 – Understanding Form 27 for Patentees and Licensees in the Post-2024 Amendment
Patents grant inventors exclusive rights over their creations for a specific period. In India, patentees and licensees have a responsibility to disclose how…
Recent Discussions
Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing
Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized prenatal diagnostics, enabling expectant parents to assess the genetic health of the fetus…