Analyzing Patentability of inventions

Nitin Nair
Brain League IP Services

(c) Brain League IP Services, 2010

 Patents – Patentability Criteria
- Subject Matter

- Novelty

- Non-obviousness

- Utility/Industrial Application

- Specification

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 Patentable Subject Matter
- Product/Process

Exceptions:
- Mere arrangement of known devices working
independently of each other
- A mathematical or business method
- Computer programs, per se
- Algorithms
- Presentation of information

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 Novelty

- Determined in light of a single prior art reference

- All elements should be present in a single prior art

reference

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 Non-obviousness

- Should be non-obvious to a person of ordinary skill

in the art, in light of multiple prior art references

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 Patents – Industrial Utility

- Capable of being used in an industry

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 Patent Search - steps

- Splitting an invention into elements

- Creating keywords for the elements

- Shortlisting the results

- Analyzing the patentability of the invention

(c) Brain League IP Services, 2010

 Patent Search - example
A method for reverse charging during a SIP
session, where the reverse charging may be for the
entire/partial session, all/partial media content in the
session
Elements:
- A method for reverse charging during a SIP session
- A method for reverse charging during a SIP
session, where the reverse charging may be for the
entire/partial session
- A method for reverse charging during a SIP
session, where the reverse charging may be for
all/partial media content in the session
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 Patent Search - example

A method for reverse charging during a SIP

session, where the reverse charging may be for the
entire/partial session, all/partial media content in the
session

Keywords: SIP networks, SIP sessions, reverse

charging.

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 Novelty - Example

A method for reverse charging during a SIP

session, where the reverse charging may be for the
entire/partial session, all/partial media content in the
session

Prior Art: A method for reverse charging during the

setup of a SIP session.

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 Non-obviousness - Example

A method for reverse charging during a SIP

session, where the reverse charging may be for the
entire/partial session, all/partial media content in the
session

Prior Art 1: A method for reverse charging during

the setup of a SIP session.

Prior Art 2: A method for reverse charging during a

SIP session, where the reverse charging may be for
the entire/partial session.

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 Patent Search - USPTO

- http://patft.uspto.gov

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 Patent Search - WIPO
http://www.wipo.int

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 Patent Search – WIPO (Cont’d)
http://www.wipo.int

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 Patent Search – EPO
http://ep.espacenet.com

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 Patent search - others

- Google Patents

- Free Patents Online

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 Thank You
Nitin Nair

nitin@brainleague.com
9901633100

(c) Brain League IP Services, 2010