Non-obviousness or inventive step is one of the three
criteria used by patent offices to determine the patentability
of an invention, the other two being novelty and usefulness.
Inventive step is generally determined as any advancement in
the technical aspect of the invention. In 2005, vide Indian
Patent (Amendment) Act 2005 'inventive step' was
redefined. The definition of inventive step is as follows
– "inventive step" means a feature of an
invention that involves technical advance as compared to the
existing knowledge or having economic significance or both and
that makes the invention not obvious to a person skilled in the
art. The earlier definition of inventive step was that it is a
feature of the invention that makes it not obvious to a person
skilled in the art. The amended definition is a combination of
technical advance or economic significance, or both, and
Indian Patent law through the Amendment Act made
"economic significance" a criterion in the
determination of inventive step and even optionally but there
is guidelines from the Indian Patent Office on how this test
would be applied. Despite the amendments examiners at the
Indian Patent Office continue to apply the traditional test of
"non-obviousness" making the first enquiry to
ascertain if the invention is not obvious to the person skilled
in the art and not to test if the invention passes the test of
Economic significance in ordinary parlance may be understood
as that characteristic which would increase the commercial
viability of the good, which in turn pops up a question,
whether commercial success can help in establishing
non-obviousness. Commercial success can be a result of an
effective marketing campaign which has nothing to do with
inventive concept but it may be possible that a product
addressing certain factors resulting in its commercial success
may be of assistance in assessing obviousness. If the impugned
product is solving a long due problem in that category then
together with an examination of all the efforts made in that
direction, the product conceivably makes a ground for
The important factor in establishing 'economic
significance' could be how well has the developments
carried out in the product been received by the consumers. In
addressing this question the commercial success of the product
could be of relevance. In effect the product selling itself is
the best indicator.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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