Basic Requirements for Patent

From DrugPedia: A Wikipedia for Drug discovery

Revision as of 08:44, 8 September 2008

The Basic Requirements can be categorize into two category :

1. Substantive Requirement

• Subject Matter

• Novelity : Not previously known by others or previously available in the public domain

• Non-obviousness : The invention must be considered not obvious to one of ordinary skill in art

• Utility : must have practical utility to accomplish a useful purpose

2. Enabling Requiremnts

• Definitive

• Enablement

• Best Mode

Patentable Subject Matter

1. Broad Statutory classes of utility patents

• Machine :

May be Entire machine

May be Component art

May be mechnism forming part of large machine

May be novel combination of old components

• Compositions of Matter

1. New Molecules

2. New Chemical compounds

3. Mixtures with distintive properties

a) Alloys

b) Solutions and Mixture with distintive properties beyond the constituents

4. Unstable compounds useful as intermediates

5. Monoclonal Antibodies

6.Materials with novel surface, structural, mechnanical, electrical, optical or other propertites

7. Purity alone is not sufficient unless the grater purity allows use where unpurified was not effective

• Manufactures

1. generally includes all products not considered a machine or composition

2. Article having non-moving parts a) Brackets, Tabs, and other part of various uses and functions

b) Containers

3. Treated Products

a) specially prepared furs

b) borax impregnated orange held not patenable (1931) but this case is not being followed by more recent court decisions

c) soil treated with water soluable polymer to prevent erosion was patented

d) processed food products

4. kits containing parts to be assembled in the field

5. Closures

6. Anchors and mounts

7. Ropes, wire, and fibres

8. specially confirured tickets or markers where either the configuration or the combination of printed information and configuration provide new results

9. Novel buildings or building substructures have not always been recognized as patentable but the modern view is yes

• Processes

• New uses of Machine & Processes

2.Plant Patents

3. Design Patents