Section 3 & 4: What is not an Invention (Indian Patents Act)

[@amishah7351]

Thankyou Sir, I had been through Bare act but your explanation makes my understanding much clear 👍

[@alagarsamym4317]

Well explained sir..im preparing for competitive exams..this video gave good understanding about the exemptions

[@AbhayPorwal]

Glad it helped. Tune in for videos on tips and strategies for answer writing for Paper 2, will be released in next couple of days.

[@naikadevidya5177]

Thank you so much for simplifying the concept!!

[@kamyagiri]

sir I have one more question, if a European patent has been filed on grounds of an Indian tribal ingredient which was registered in TKDL, what measures we can take. As patent are territorial rights so a person gets a registration in europe but not in India. Can we file an opposition on the applicant from India? In addition could you pls give a overview of TKDL guidelines. Thank you

[@AbhayPorwal]

For European patents using TKDL knowledge: --Opposition can be filed at EPO within 9 months of grant --- Third party observations can be submitted during examination --- Indian authorities can intervene through diplomatic channels TKDL www.csir.res.in/documents/tkdl --Is a collaborative project between CSIR and Ministry of AYUSH --Prevents misappropriation of traditional knowledge --Has agreements with major patent offices (USPTO, EPO, JPO etc.) --Documentation in multiple languages aligned with International Patent Classification

[@kamyagiri]

@@AbhayPorwal Many thanks for prompt response.

[@teachert510]

Hi, Can we get this whole pdf of all these slides??

[@Disfatt_Bidge_01]

No Timmy, move your lazy ass and write them down !!!

[@varsa_o]

i had a question regarding sec 3(f). if umbrella with a fan, even if linked together but not producing a new result is not patentable, is the first laptop, which combines the functions of a desktop and a mouse and a keyboard linked together patented and why, does this combination produce a new result?

[@AbhayPorwal]

Compactness can be attributed to a technical advancement.

[@shitalghodinde8426]

Please provide your guidance on patentability of modified DNA sequence and the general domain. What subsection of 3 to mention if protection of method for isolation or method of modifying DNA sequence or method of treatment by modification of DNA sequence comes?

[@AbhayPorwal]

Product Patent for DNA, RNA or Genetic inventions are patentable subject matter (post 2005 amendments) Genes or other biological elements which are isolated from their natural environment (Human Body) and having a technical effect are patentable. while genes are not patentable in situ, purified copies produced by technical processes outside the body are patentable. Relevant sub-sections are 3(d) and 3(j) - need to argue that these don't fall under these subsections

[@nutanpawar9034]

Sir Is artificial intelligence or new features of watsup are patentable

[@AbhayPorwal]

Artificial Intelligence is a domain in itself - we should ask if inventions employing or using AI in their solutions are patent eligible or not (3.k). Any new features of any system is eligible if it meets the requirements of inventiveness, novelty- technical advancement.

[@somewhereonearth1577]

Sir please correct me if my understanding is anywhere wrong but under sec 3(i) vaccination are not patentable ? Im a bit confused in that point so does that mean any formulation used for prevention and cure is not patentable ?

[@AbhayPorwal]

Method of treatment is not patentable, however pharmaceutical compositions are patentable.

[@mehulsharma5228]

Isn't there a patent for turmeric though ?

[@AbhayPorwal]

Not in India. Someone tried applying for a patent over the properties of turmeric in US, but it was opposed by India.

[@shilpi9407]

Hello Sir, Could you please give some tips on how to prepare for viva voce.

[@AbhayPorwal]

Please write to me through LinkedIn. Will respond.

[@shilpi9407]

@@AbhayPorwal ok sir.

[@AbhayPorwal]

The interview doesn't require any targeted preparation. It is more of a discussion round, where a few questions (interaction) would take place based on what is your background, technology, a few questions on why patents, any other scenario related to patents, why patent agents - could discuss any latest development such as start-up program, or CL related questions on IPR keeping in mind covid.

[@shilpi9407]

@@AbhayPorwal Thanks a lot Sir,this really helped🙏🙏

[@shilpi9407]

@@AbhayPorwal Thanks a lot Sir,this really helped🙏🙏

[@queenbarbieeeeee]

Hello sir, I have a doubt regarding section 3 (o) about the mental act being non-patentable. Any mental act is not eligible for patent means, the process of invention is also a mental act, right sir? Please clarify this. Thanks in Advance.

[@AbhayPorwal]

While the thought process or mental act of conceiving an idea or invention may not be patentable, the resulting invention, which involves the practical implementation or application of that idea in a technical manner, is eligible for patent protection. It is the tangible and practical aspects of the invention that are considered for patentability, rather than the mental process alone. --> Pure play mental acts are - Playing any games for instance, method of teaching..

[@nutanpawar9034]

Any other example of section 3a other than machine

[@AbhayPorwal]

Nutan, this time give a read to ipindia.gov.in/writereaddata/Portal/Images/pdf/Manual_for_Patent_Office_Practice_and_Procedure_.pdf Without trying to memorize anything - just give it a simple reading and underline anything that you like while reading.

[@wadhwanidiksha9342]

Will you please share some books that i can refer to while preparing for exam?

[@AbhayPorwal]

Patent Act from Lexus is good enough along with ipindia.gov.in/manual-patents.htm from patent office.

[@prasadr1049]

Hi sir, could you please make a video on how to write answers on case laws in paper 2.

[@AbhayPorwal]

Hello Prasad, haven't you visited these set of videos kzbin.info/aero/PLiwTkyXRigBn2w4gsXQeBFPMrPfnGGlXZ

[@suchismitakar2154]

Sir can you please help us give a overview of use cases over patentability...and how to defend applications already rejected based on sec 3...it has come many times in the exams

[@AbhayPorwal]

Hello Suchismita, In order to prove patentability, you are required to prove that your invention is 1. novel By justifying that the features of your claims/invention are not disclosed/present in the cited references or products - you need to specifically point out what is not disclosed (as it is). 2. Inventive Step: That your invention has some inventive step because of which it is providing a technical advantage over existing methods/products - Here there has to be some problem that your invention is solving which is not being solved (in an improved manner) by any of the existing solutions - Provide that improvement/advantage - and define what is causing such improvement/advantage. If the rejection is based on section 3 - you know the definition of each sub-section - you need to prove why the invention doesn't come under section 3(?) that is quoted - for instance, why it is not discovery? Why it is not a method of treatment? Why it is not a mental act. I hope you get the gist.

[@dwarakaniranjanap]

Sir could you please discuss the 2024 question paper 1 & 2.

[@AbhayPorwal]

If you want to quickly ask some questions, I can respond.

[@dwarakaniranjanap]

​@@AbhayPorwal“When it comes to delimiting the area of monopoly claimed, the patentees were as usual between Scylla and Charybdis; if they stated their claim too widely the invention would sink in the sea of prior art knowledge. If they stated it too narrowly, it would be lost to pirates” - Salmon L J Explain the above statement vis-à-vis best practices with regard to drafting of claims for application for grant of patent. I do think that section 10 would be the answer but I'm not sure !

[@AbhayPorwal]

​@@dwarakaniranjanap The statement poetically highlights the challenge patentees face when drafting claims for a patent application. It states the need for a balanced approach to avoid two extremes: Scylla (Overly broad claims): - Claiming too much, risking infringement on prior art (existing knowledge) - Potential for rejection or invalidation Charybdis (Overly narrow claims): - Limiting the scope too much, allowing others to easily circumvent the patent - Reduced protection and potential loss of intellectual property Best practices for drafting claims 1. Clearly define the invention's novelty and uniqueness 2. Conduct thorough prior art searches 3. Use precise language and terminology 4. Ensure claims are concise, yet comprehensive 5. Avoid ambiguity and vagueness 6. Use dependent claims to provide fallback positions 7. Consider multiple claim categories (e.g., product, process, use) Draft effective claims that: 1. Accurately reflect the invention's scope 2. Distinguish from prior art 3. Provide robust protection

[@dwarakaniranjanap]

​@@AbhayPorwal don't we need to discuss section 10 (4) (5) or mention the answer?

[@AbhayPorwal]

While writing about best practices for claims write 10.5

[@SuryaPrakash-kb8pj]

Good morning sir is this playlist of 47 videos enough for patent exam paper 1

[@AbhayPorwal]

There are multiple playlists one covering sections, another covering the drafting aspects and answer writing. You should follow the videos and read the act, write it down to retain the knowledge.

[@divyapimpale1832]

If any medicine is manufactured using plant part, why it is not patentable?

[@divyapimpale1832]

Such as any herbal plant We took some extract and chemical constituents which we want And make formulation into a medicine Is it patentable?

[@AbhayPorwal]

@@divyapimpale1832 plant or any part of it is no patentable, but a chemical composition is patentable

[@er.tariqalamfarooqi4771]

Nice Lecture sir....can u pls tell me the starting salary of a patent agent?

[@AbhayPorwal]

@@er.tariqalamfarooqi4771 there are various ways you start your journey in the domain. Easiest being a patent analyst, if you can read and differentiate technologies - you can excel here. You may start with about 3-5 laks range.

[@er.tariqalamfarooqi4771]

@@AbhayPorwal Thank you so much Sir..noted.

[@IP_MITRAA]

Protection of Plant Varieties and Farmer Rights Act 2001

[@AbhayPorwal]

Instead of 3(h)