The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
Patent applications: the three criteria Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application. Inventive step. This means that your product or process must be an inventive solution. Industrial applicability.
In order for an invention to be patentable, the invention must be considered to be new or novel. This novelty requirement states that an invention cannot be patented if certain public disclosures of the invention have been made.
– a description and a claim or claims; – drawings, when necessary; – an oath or declaration; and – prescribed filing, search, and examination fees. The title should be as specific as possible in describing the invention.
So, if any of the following three things happen with your invention, then you cannot apply for a patent: It is on sale. It is in public use. It has a printed publication one year before the application date.
The specification should be in conformity with the requirements of the Patents Act 1992 and Patents Rules 1992, typed or printed on single sided A4 pages with margins of 2 to 3 centimeters. These margins should be blank, and each page should be numbered. Two copies of the specification must be submitted.
Patent drafting is the process of preparing a detailed and accurate description of the invention, along with the legal claims that define the scope of protection.
A patent application often includes the following primary sections: Invention Title. The title's objective is to provide a clear understanding of the invention or idea. Prior Art: Context and Novelty. Invention Summary. Drawings and Descriptions. Detailed Description. Claims. Scope. Characteristics.
Minimum 2 years of university level education; in law, and/ or in science and technology such as, engineering, life sciences, medicine, physics, chemistry, communication sciences or biotechnology. At least 1 year of professional/ work or research experience in a field relevant to patent drafting/ patent prosecution.