Category Archives: Patents-LawI have posted lesson 15 here.
http://www.tmpsearchers.com/admin/pt/pt-quicksearch-le-15.html
It is split in to 10 pages as the screen shots are larger in size and occcupy space.
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I have posted the lessons 13 and 14 for patent drarfting of complete patent specification in this post.
Due to hectic work in the office due to the ongoing Patent Agent examination training course launched by us and the Patent and Trademark Assignments of TMPsearchers and my practice, I could not focus on the free course. [...]
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PATENT SEARCH
Why should you Conduct Patent Search?
To ascertain if your invention is Novel.
To ascertain if your invention is not obvious to a person of ordinary skill in the art?
To identify prior art that teaches away from your inventive concept and wise them as prior art so that you can convince the office that your invention [...]
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This is the third and concluding part of the Non obviousness Requirement for Patentability.
You would do well to study a US Supreme Court case KSR International on Nonobviousness. Study also the Federal Circuit decision against which appeal was filed in the US supreme Court. You can google for the case or find it at findlaw.com
Arguments [...]
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2. Who can be called a person of ordinary skill in the art?
A person of ordinary skill in the art is a hypothetical person. He does not really exist in the world. The acronym used for him generally is POSITA or PHOSITA.
And so who is a POSITA?
He is a hypothetical person of ordinary skill in [...]
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I have received more questions from members which I have answered. I post below three questions and answers.
Q.1.-Can a similar patent be filed in India without contacting the
actual assignee who has filed the same patent application. (The patent
has not been issued )
E.g. consider a scenario if an application has been filed in Europe
and the assignee [...]
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I have received a few questions. I will post the questions and answers in the blog so every one can view it and if they have the same doubts get clarified.
Please see below for the first questions received Karthickeyan.M.
My sincere thanks to Karthi for initiating this interactive process of questions and answers. I [...]
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The non-obviousness requirement for patentability is stated in 35 USC 103. In India, Europe and PCT this is called as the Inventive Step. Patent Act Section 2(ja) declares the need for the invention to be not obvious to a person skilled in the art. Section 2(ja) briefly tells us that at least one feature of the invention must be technically advanced over the existing state of the art and, such technical advance should not be obvious to a person skilled in the art.
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Dear All:
I have posted a Provisional Application filed in US. Patent was later issued to this application.
Please study this application, the way it is drafted and prepare a Provisional application for filing with the India Patent Office.
Assumptions for prepareing the application.
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Patent Drafting | Patents Law Attorney | Design Drafting
Patent Drafting Lessons - Part 1
Patent Drafting is done usually by Patent Attorneys who have specialized expertise in Patent Drafting by virtue of their experience. However patents can be drafted by inventors acting pro se easily if they follow the following rules.
A Patent Application consists of the [...]
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