9 Questions
What is the protectable subject matter of a patent?
An invention
How is an 'invention' defined in the Patents Act, 1970?
A new product or process involving an inventive step and capable of industrial application.
What does 'inventive step' refer to?
A feature of an invention that involves technical advance or economic significance or both, making it not obvious to a person skilled in the art.
How is 'article' defined in the Patent Rules, 2003?
As including any substance or material, and any plant, machinery, or apparatus whether affixed to land or not.
What is a 'new invention' according to the Patents (Amendment) Act, 2005?
Any invention or technology that has not been anticipated by publication before the date of filing a patent application with complete specification.
Are intangibles patentable?
No
Is the question of whether there is an invention subjective or objective?
A question of fact in each case
What is protected in a patent?
The result of an invention, i.e., the resultant product.
Can an improvement on something known be a subject-matter of a patent?
Yes, if it results in a new product or process or a more useful or a more economical product or process.
Explore the concept of protectable subject matter in patents, focusing on what constitutes a patentable invention according to the Patents Act. Understand the criteria for defining an invention, including novelty, inventive step, and industrial application.
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