What is a patent service?
Patent is a certificate which gives an exclusive right for an invention which includes a new technical solution to a problem in the form of a process, product, apparatus, machine, composition, system etc.
Conditions that must be met to obtain a patent:
1. The invention must show an element of novelty, that is, some new characteristic which is not known in the body of existing knowledge or ‘prior art’ in its technical field.
2. The invention must involve an “inventive step” or “non-obvious”; 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.
3. The invention must be capable of industrial application, meaning that it must be capable of being used for an industrial or business purpose beyond a mere theoretical phenomenon or be useful.
4. New Invention subject matter must be accepted as “patentable” under the law. In many countries, scientific theories, aesthetic creations, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, methods for medical treatment (as opposed to medical products) or computer programs are generally not patentable.
What can be patented?
a) An invention which is frivolous or which claims anything obviously contrary to well.
b) “An invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment.
c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature.
(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
(e) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.
(f) The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way.
(h) A method of agriculture or horticulture.
(i) Any process for the medicinal, surgical, curative, prophylactic, diagnostic therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
(j) Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.
(k) A mathematical or business method or a computer program per se or algorithms are not patentable.
(l) A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.
(m) Schemes, rules and methods for performing mental acts, playing games
(n) A presentation of information
(o) Topography of integrated circuits:
(p) An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.
Not patentable invention:
“No Patent shall be granted in respect of an invention relating to atomic energy falling within subsection (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962)”.
Types of patent searches
1. State of the Art Search/ patent landscape search:
This type of search is being done to know about the literature related to a specific industry.
This type of search is being done to identify novelty and inventive steps. This search is being done during the ideation phase, or before making invention disclosure.
2. Patentability Search/ Novelty Search:
This type of search is being done to identify novelty and inventive steps. This search is being done during the ideation phase, or before making invention disclosure.
3. Freedom to Operate Search/ Patent infringement search / Right-to-use search:
This search is being done to determine how similar a product and their existing patents.
4. Invalidity Search:
This type of search is being done to assess the strength of a specific patent. This type of patent search is completed after a patent is granted.
5. Evidence of Use Search:
This type of search is being done to seek out products that infringe on patent rights. This search happens after a patent is granted.