Delhi IP

PATENTABILITY SEARCH: There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility).An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. For more information regarding patentability, click on the link below: Delhi IP  · February 10, 2023 What is Patentability/Novelty Search in Patents? There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility). The first and foremost prerequisite is novelty and then comes inventive-step (non-obviousness). Establishing industrial application (utility)is comparatively easier. An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. Similarly, an invention is said to be inventive ...

The basic criteria for patent registration generally include three main requirements that an invention must meet to be eligible for a patent. These criteria are typically consistent across various jurisdictions, though specifics can vary slightly. Here are the fundamental requirements: Novelty : An invention must be new and not disclosed to the public before the filing date of the patent application. This means that no identical invention should have been publicly known, used, described in a publication, or patented anywhere in the world before the date of filing. Non-Obviousness (Inventive Step) : The invention must involve an inventive step or non-obvious improvement over existing technology or knowledge. This criterion evaluates whether the invention would have been obvious to a person skilled in the relevant field of technology at the time the invention was made. In other words, it must not be an obvious modification or combination of existing inventions. Industrial Applicability ...

To file a patent in India, the following documents and information are typically required: Application Form : A completed Form-1, which is the application form for a patent. This form includes details such as the title of the invention, applicant details (name, address, nationality), and inventor details (name, address, nationality). Specification : A complete specification that describes the invention in detail. This includes:  Title of the Invention : A concise title that describes the invention.  Description of the Invention : A detailed description of how to make and use the invention, including any drawings or diagrams necessary to understand it.  Claims : Legal statements defining the scope of the invention for which protection is sought. Claims are the most critical part of the patent application as they define the boundaries of what the inventor wants to protect.  Abstract : A brief summary of the invention highlighting its key features. Drawings (if applicab...

In India, patent registration for a company can be done online through the official website of the Indian Patent Office (IPO). Here’s a step-by-step guide on how to register a patent for a company online: Step-by-Step Guide to Online Patent Registration for a Company in India: Create a User Account on IPO Portal: Visit the official website of the Indian Patent Office ( Official website of Intellectual Property India ). Create a user account by registering as a new user or logging in if you already have an account. Prepare Patent Application Documents: Prepare all necessary documents including Form-1 (application form), Form-2 (declaration of inventorship), complete specification (description, claims, abstract), drawings (if any), and any supporting documents (like proof of right, if applicable). Fill Out Form-1 (Application Form): Log in to your user account on the IPO portal. Fill out Form-1 with details such as the title of the invention, applicant details (company name, address, etc...

Citation: C.A.(COMM.IPD-PAT) 415/2022 Arthrogen GmbH vs. Controller of Patents, Design and Trademark,  5 February, 2024 The appeal under Section 117A of the Patents Act, 1970 challenges the rejection of Indian patent application No. 11377/DELNP/2012 by Respondent No. 2, the Controller of Patents, based on Sections 3(j) and 3(i) of the Act. Appellant’s Details and Patent Application: Arthrogen GmbH, a German company, filed the patent application for a method involving the production of protein-enriched blood serum using gold particles. The application included several claims, including methods and product claims related to the protein-enriched blood serum. Claim 1: 1. A method of producing a protein enriched blood serum comprising the steps of: collecting a blood serum; mixing the blood serum and gold particles in a container; incubating the blood serum and gold particles to produce protein-enriched body fluid serum; and removing the gold particles from the protein enriched blood se...