INTELLECTUAL PROPERTY INVENTIONS

INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY INVENTIONS     Intellectual property rights, intellectual property inventions is defined as a new product or process involving an inventive step and capable of industrial application. An Intellectual Property Invention means:   Art, Process, Method or Manner of Manufacture; Machine, Apparatus or other article; Substance produced by manufacture includes any new and useful improvement of any of them and an alleged invention.   The following conditions should be satisfied for an Intellectual Property Invention – The product or process must be new It must involve an inventive step It must be capable of industrial application   An Intellectual Property Invention must be novel i.e., the invention should be new product or new process. Second the invention should involve an inventive step and it must be capable of industrial application. There must be a substantial exercise of the inventive power or inventive genius. Novelty of invention is required. The inventive idea would be the way of achieving the goal.   If the intellectual property invention is not new but the use of it in combination with other elements produces an advantageous results will be a sufficient element of novelty to support the patent. The invention must be new but should not have been available to the public. An invention is the finding, contriving, devising or creating something new and useful which did not exist before and which can be made useful and advantageous in pursuance of business or can add to the enjoyment of mankind.   Old inventions may be patentable if the claims are directed to a new use. For inventions other than drugs for the treatment of humans and animals, new uses for old inventions may be patentable up to a point if there is some new technical effect.   There are some intellectual property inventions which cannot be patented. They are as follows: v     An invention which is frivolous or which claims anything obvious to natural laws v     An invention which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment. v     The mere discovery of scientific principal or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature. v     The mere discovery of any new property or new use for a known substance or of the mere use of known process, machine or apparatus unless the process results in a new product or employs at least one new reactant. v     A substance obtained by a mere admixture resulting only in aggregation of the properties of the components thereof or a process for producing such substance. v     The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; v     A method of agriculture and horticulture v     Any process for medicinal, surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals. v     Plants and animals in whole or any part thereof other than microorganism v     Mathematical or business method or computer program per se or algorithms v     A literary, dramatic, musical or artistic work or any other aesthetic creation including cinematographic works and television production v     A mere scheme or rule or method of performing mental act or method or playing games. v     A presentation of information v     Topography of integrated circuits v     An invention of traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components. v     Inventions related to atomic energy is also not patentable v     A computer programme is not considered as a patentable invention.

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