Patentability Criteria and Prior Art Search

 
 
 Patentability Criteria and
Prior Art Search
 
Dr Nagender Aneja
Universiti Brunei Darussalam
Contents
Types of Patent
Legal Requirements of Patent
What is a Prior Art and how is it important?
How to do Prior Art Search?
Case Study
Can you patent an idea?
 
What is the idea
-
Result
-
Idea is a machine, process, manufacture, or
composition of matter
What are the types of inventions
that can be patented?
 
Useful inventions
-
protected by utility patents.
Ornamental inventions
-
protected by design patents.
Plant inventions
-
protected by plant patents.
Useful Inventions
 
Process
Machine
Manufacture
Compositions of matter
Exceptions
-
An abstract idea
-
A natural phenomenon
-
A law of nature.
Ornamental Inventions
 
Any type of surface ornamentation
Plant Inventions
 
Any new and distinctive plants
Legal Requirements to get a
Patent
Process patents
 
A process is a series of steps, acts, or methods.
-
patent on the method of doing something.
Different method claims can protect different aspects of
the invention.
Machine patents
 
A machine is an apparatus or a group of assembled
components that achieves a result.
-
Examples: a computer, a car, and a desk.
Manufacture
 
Material that is milled, cut, treated into a new form, quality,
or property.
-
similar to a machine, and in some instances, the subject
matters overlap.
-
distinction is that a manufacture is a single piece of
material that is shaped, whereas a machine is
assembled components.
-
Examples: screwdriver tip, screw or nut.
Composition of matter
 
A composition of matter is a composition of two or more
substances.
-
chemically or mechanically joined
-
Gasses, fluids, powders, or solids are forms of a
composition of matter.
-
Examples: concrete, fiberglass, and ceramic.
Novelty Requirement: Is the
invention novel?
 
Relative Novelty
-
Inventor can disclose the invention to others before
filing the patent application
Absolute Novelty
-
Inventors are not allowed to disclose the invention
before filing of the patent application
Nonobviousness requirement:
Is the invention non-obvious?
 
The invention must be non-obvious to get a patent.
-
it is not an obvious variant of the prior art
To a person of ordinary skill in the art
If a combination of old things requires a significant
redesign, the combination is not obvious.
If one of the references taught away from the combination
of two references, then it is nonobvious.
 
Prior Art Search
What is a Prior Art?
 
Published Content in any language anywhere before the filing date
-
whether inventor knows or not
-
It can invalidate your claims if available to public before priority
date
Novelty Search, Prior Art Search, Patentability Search, Patent
Search
Validity Search, Invalidity Search
Freedom-to-Operate Search, Clearance Search
Does a patent search help?
 
Determine if the invention is Novel and Non-obvious
-
Reduce the chance of extensive amendments after filing
-
Describe your invention as improvement over relevant
prior art
What happens to a Patent Application
after Examiner found a Prior Art
Patent Application will be rejected by the Patent Office
-
However, the Patent Application Claims can be
amended and can be re-submitted for further
examination
How to conduct Prior Art
Search
 
Determine Point of Novelty
Brainstorm keywords that describe the invention
Determine top Applicants, Inventors in the area
Search the Patents and Non-Patent Literature
Do Forward and Backward Citation Search
Save all results
 
Search Patent
 
Google Patents
USPTO Patent Search
European Patent Search
WIPO Patent Search
Lens
 
Search Non-Patent
 
Google, Bing
Google Scholar
IEEE
Springer
Elsevier
Lens
Prior Art Search Report
 
Invention Title
Summary of the Invention
Keywords
List of Patent Literature
-
Title, Patent Number, and Related Text
List of Non-Patent Literature
-
Title, URL, Related Text
 
Case Study
 
Creating Video based on a Topic
Creating Video
 
The invention discloses a method to extract video segment
from a video based on a topic.
A score is given to the video segment.
A new video is created using the extracted videos based
on the score.
 
Keywords and Top
Assignees
 
Video Segmentation, Video extraction, Video Making,
Video Compiling, Machine Learning, video scoring
Google, youtube, Facebook, vimeo, netflix, ..
 
Relevant Patent Literature
 
US… Content Based Video Segmentation
-
According to an embodiment, an assistive technique is
provided that may reduce the effort required to select
good video clip start and end points through automatic
hierarchical segmentation of a video and an interface for
quickly navigating this hierarchy while ultimately
maintaining user control over the start and end points. A
video segmentation algorithm uses a combination of
audio and video features to determine the
 
Relevant Non-Patent
Literature
 
 
GENERATING
SYNTHESIS VIDEOS
 
http://appft.uspto.gov/netacgi/nph-
Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.ht
ml&r=1&f=G&l=50&s1=%2220190188479%22.PGNR.&OS=DN/20190188479&RS=DN/201901
88479
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Explore the different types of patents, legal requirements for obtaining a patent, the importance of prior art search, types of inventions that can be patented, and the criteria for patentability. Learn about useful inventions, ornamental inventions, plant inventions, and the legal requirements such as novelty, non-obviousness, and utility eligibility. Discover the process patents, machine patents, and manufacture patents.

  • Patentability
  • Prior Art Search
  • Patent Types
  • Legal Requirements
  • Inventions

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  1. Patentability Criteria and Prior Art Search Dr Nagender Aneja Universiti Brunei Darussalam

  2. Contents Types of Patent Legal Requirements of Patent What is a Prior Art and how is it important? How to do Prior Art Search? Case Study

  3. Can you patent an idea? What is the idea - Result - Idea is a machine, process, manufacture, or composition of matter

  4. What are the types of inventions that can be patented? Useful inventions - protected by utility patents. Ornamental inventions - protected by design patents. Plant inventions - protected by plant patents.

  5. Useful Inventions Process Machine Manufacture Compositions of matter Exceptions - An abstract idea - A natural phenomenon - A law of nature.

  6. Ornamental Inventions Any type of surface ornamentation

  7. Plant Inventions Any new and distinctive plants

  8. Legal Requirements to get a Patent Is your Invention a Machine, Process, Manufacture, Composition of Matter Is your Invention Not-Obvious? Is your Invention Useful? Is your Invention New? Utility Eligibility Requirement Novelty Requirement Non-obviousness Requirement Requirement 1 2 3 4

  9. Process patents A process is a series of steps, acts, or methods. - patent on the method of doing something. Different method claims can protect different aspects of the invention.

  10. Machine patents A machine is an apparatus or a group of assembled components that achieves a result. - Examples: a computer, a car, and a desk.

  11. Manufacture Material that is milled, cut, treated into a new form, quality, or property. - similar to a machine, and in some instances, the subject matters overlap. - distinction is that a manufacture is a single piece of material that is shaped, whereas a machine is assembled components. - Examples: screwdriver tip, screw or nut.

  12. Composition of matter A composition of matter is a composition of two or more substances. - chemically or mechanically joined - Gasses, fluids, powders, or solids are forms of a composition of matter. - Examples: concrete, fiberglass, and ceramic.

  13. Novelty Requirement: Is the invention novel? Relative Novelty - Inventor can disclose the invention to others before filing the patent application Absolute Novelty - Inventors are not allowed to disclose the invention before filing of the patent application

  14. Nonobviousness requirement: Is the invention non-obvious? The invention must be non-obvious to get a patent. - it is not an obvious variant of the prior art To a person of ordinary skill in the art If a combination of old things requires a significant redesign, the combination is not obvious. If one of the references taught away from the combination of two references, then it is nonobvious.

  15. Prior Art Search

  16. What is a Prior Art? Published Content in any language anywhere before the filing date - whether inventor knows or not - It can invalidate your claims if available to public before priority date Novelty Search, Prior Art Search, Patentability Search, Patent Search Validity Search, Invalidity Search Freedom-to-Operate Search, Clearance Search

  17. Does a patent search help? Determine if the invention is Novel and Non-obvious - Reduce the chance of extensive amendments after filing - Describe your invention as improvement over relevant prior art

  18. What happens to a Patent Application after Examiner found a Prior Art Patent Application will be rejected by the Patent Office - However, the Patent Application Claims can be amended and can be re-submitted for further examination

  19. How to conduct Prior Art Search Determine Point of Novelty Brainstorm keywords that describe the invention Determine top Applicants, Inventors in the area Search the Patents and Non-Patent Literature Do Forward and Backward Citation Search Save all results

  20. Search Patent Google Patents USPTO Patent Search European Patent Search WIPO Patent Search Lens

  21. Search Non-Patent Google, Bing Google Scholar IEEE Springer Elsevier Lens

  22. Prior Art Search Report Invention Title Summary of the Invention Keywords List of Patent Literature - Title, Patent Number, and Related Text List of Non-Patent Literature - Title, URL, Related Text

  23. Case Study Creating Video based on a Topic

  24. Creating Video The invention discloses a method to extract video segment from a video based on a topic. A score is given to the video segment. A new video is created using the extracted videos based on the score.

  25. Keywords and Top Assignees Video Segmentation, Video extraction, Video Making, Video Compiling, Machine Learning, video scoring Google, youtube, Facebook, vimeo, netflix, ..

  26. Relevant Patent Literature US Content Based Video Segmentation - According to an embodiment, an assistive technique is provided that may reduce the effort required to select good video clip start and end points through automatic hierarchical segmentation of a video and an interface for quickly navigating this hierarchy while ultimately maintaining user control over the start and end points. A video segmentation algorithm uses a combination of audio and video features to determine the

  27. Relevant Non-Patent Literature

  28. GENERATING SYNTHESIS VIDEOS http://appft.uspto.gov/netacgi/nph- Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.ht ml&r=1&f=G&l=50&s1=%2220190188479%22.PGNR.&OS=DN/20190188479&RS=DN/201901 88479

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