Tag: novel

Mosaicing Indian Patent Law

As per the Indian Patents Act 1970, an invention is patentable when it satisfies the following criteria:

  1. It is novel

  2. It has an inventive step or it must be non-obvious

  3. It has Industrial applicability

  4. It doesn’t fall under section 3 and 4 of the Patents Act 1970.

A person skilled in the art accesses methodologies for evaluating inventive step based patent laws.

Mosaicing provides the patent examiner to evaluate inventive step in light of two or more pieces of prior art information in combination, provided that a person skilled in the relevant art could reasonably have been expected to combine such information.

‘Prior Art’ is any “state of knowledge existing before the priority date of the claimed application.” Inventive step is always determined in relation to any matter published in any document anywhere in the world or any use before the priority date of the claim.

Mosaicing of prior art documents is permissible in the determination of the inventive step.

IPO guidelines for mosaicing:

  1. Mosaicing of prior art documents is not followed in the determination of novelty

  2. The cumulative effect of the disclosures cannot be taken into consideration nor can the lack of novelty be established by forming a mosaic of elements taken from several documents. This may be done only when arguing obviousness.

Case Law: In OA/8/2009/PT/CH [250/2012] IPAB held – “to defeat novelty, the appellant should show that an earlier document, disclosed all that the patentee is seeking to patent. And that each limitation of the claimed invention is found in a single prior art reference. The appellant has not done this. So the attack on novelty is rejected.”

A mosaic of extracts culled from several documents has not been accepted as constituting a relevant anticipation (Decision of the Controller (1942) Re. Patent Application No. 27709).

A ‘mosaic’ of separate steps, each known in manufacture, is not sufficient to constitute ‘anticipation’ as to warrant the refusal of grant of a patent, though they may have a bearing upon the question of quantum of ingenuity which arises when a court is called upon to consider whether there is ‘subject matter’ for a patent in the invention (Decision of the Deputy Controller (1946) Re. Patent Application No. 32384.)

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Multiple terms can be combined together with Boolean operators to form a more complex query (see below). Note:If the english language option has been

Boolean Search

Boolean search is a type of patent searching that enables the users to find relevant results by combining keywords with Boolean operators. Boolean operators are used in all types of patent searching including the patentability search, validity/ invalidity search, prior art searching/ novelty search and the like.

What are boolean operators?

Boolean Operators are simple words used as conjunctions to combine or exclude keywords in a patent search.

General boolean operators are:

1.AND,

2.OR,

3.NOT

The above mention boolean operators are either used alone or in combination to produce focused and productive results by eliminating inappropriate hits.

LET US UNDERSTAND THE BOOLEAN OPERATORS

From the above, we can see if we use OR we have broader results while using AND the results are narrowed down. NOT excludes the results having that specified keyword.

Let us understand more with examples:

The pictorial snapshot illustrates applications containing tennis and applications containing a ball.

The pictorial snapshot illustrates applications containing both tennis and ball.

The pictorial snapshot illustrates results of applications containing either tennis or ball.

The pictorial snapshot illustrates applications containing ball but not the word tennis and applications containing the word tennis but not ball.

From the above examples, boolean searching can easily be understood.

 


Snapshots are taken fromWIPO Search Tools and Strategies 

 

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Mar 18, 2019 - Comprehensive eFiling Services for Patents External website that opens in a new window. Patent Search for 18th Month Publications External ...

Types of Patent Search Strategies

Different Approaches for Patent Searches

Different approaches for searching patent can be categorized under the following heads:

  • Keyword searches,
  • Classification searches,
  • Boolean Searches,
  • Structure searches,
  • Sequence searches, and
  • Image searches

Keyword Searches

The most widely used and basic search category for patent searching involves the use of concepts and terms related to the invention by inserting text characters as search terms. Search term includes alternative terms, synonyms, spelling variations, acronyms. It also helps in finding records related to similar technology area.

Classification Searches

Classification searches are performed used to categorize patents based on a specific code that groups inventions according to the technical area. It is an easy, comprehensive, faster and quicker way of classifying patents as per the subject matter.

Classification systems:

  • International Patent Classification (IPC),
  • United States Patent Classification (USPC),
  • Cooperative Patent Classification (CPC),
  • Japanese FI and F term classification, F stands for “feature”.

Earlier European Patent Classification (ELICA) was also used but to make the classification easier Cooperative Patent Classification (CPC) was introduced. CPC is an extension of the IPC and is jointly managed by the EPO and the US Patent and Trademark Office. 

The classification search is used in combination with other search strategies to yield the best search results to the searcher conducting a search in a particular technical area.

Boolean Searches

Boolean Search is a type of search allowing searches to combine keywords with operators such as AND, NOT and OR to produce more relevant results.

Structure Searches

Structure searches involve searching chemical structures on certain databases based on atom to atom and fragment to fragment indexing of chemical structures. 

Sequence Searches

Sequence searches are used for searching chemical structures on certain database based on nucleotide and protein sequences.

Image Searches

Image searches are conducted on Google platform which allows image to image mapping based on a search algorithm helpful in identifying similar images.

Why perform Patent searching?

Patent Searching is performed:

  • To determine the novelty of the invention and idea by finding similar patents and prior arts.
  • To discover owners of a particular patent or patents in a field of interest.
  • To validate and invalidate the particular patent searching.
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