1. From Invention to Patent
NATIONAL SEMINAR
Intellectual Property Rights (IPRs) and its Role in Economic Development
organized by
the World Intellectual Property Organization (WIPO)
in cooperation with
the Industrial Property Office of the State Organization for Registration of
Deeds and Properties of the Judiciary of the Islamic Republic of Iran
Tehran, April 26 to 28, 2014
From Invention to Patent
Protecting New and Innovative Ideas for Launching New Products and Exploiting Patent Information for Business Development
Arvind Viswanathan
Xellect IP Solutions LLP, India

2. Competitiveness
Defined as the ability of a firm to increase in size, market share and profitability. May be achieved by:
Producing more cheaply, for example by finding ways to reduce labour costs
Applying other non-price factors such as:
Human resource endowments, such as skills and worker motivation
Technical factors such as R&D capabilities, and the ability to adapt and use technologies
Managerial and organisational factors 2

3. Innovation Ideas applied successfully in practice
Typically is expected to lead to a drastic change
In the system
By introduction of new products or services
Expected to clear out the old and in with the new
No limit to where innovations may be applied 3

4. Characteristics of Technical Innovation
Coupling (of changing technology, production and markets)
Creating (new products, processes, systems and industries)
Clustering (of groups of related innovations)
Comprehending (new skills, new technologies, new markets)
Coping (with the technical and market uncertainty of innovation)
TECHNOLOGICAL INFRASTRUCTURE AND INTERNATIONAL COMPETITIVENESS Draft paper submitted to the OECD ad hoc group on science, technology and competitiveness. August 1982 C. Freeman 4

5. Drivers of Innovation Market Forces (Competition)
Consumers (Value-Add to Existing Products)
Regulatory Requirements (Pollution Control by EHS, ISO Certification etc.)
Quality (Process Improvements, Waste & Defect Reduction, Increasing Productivity) 5

6. Inventions Solves a problem Stems from a novel & non-obvious idea
Subsequently, the working idea is applied to a specific or several applications
Comes out of a business choice
Determined by market needs
Core competency taken into account
High monetary returns expected
Also typically one problem or application area 6

7. Innovation vs. Invention
Invention solves an existing problem by providing solutions
Innovation utilizes the invention and brings it to practice
Innovation does not require a problem
Creates its own problem and provides solutions 7

8. Invention Methodology
Problem Identification
Problem Definition
Appraisal of State-of-the-Art
Identify Plausible Solutions
Identify Best Mode of Operation 8

9. Invention Methods Systematic or Incremental Approach
Out-of-the-box Approach
Breakthrough
Serendipity 9

10. Patents
The term "patent" originates from the Latin word patere which means "to lay open" (i.e., make available for public inspection)
Patent provides a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a full disclosure of an invention
Encompasses any new and useful process, machine, article of manufacture, or composition of matter
Also included are any new and useful improvements thereof 10

11. Incentives for Patenting
Patents facilitate disclosure of useful ideas into the public domain for the common good
Encourages creative intellectual endeavor in the public interest
Spurs further innovations
The trade-off is full disclosure
Monopoly may be exercised for only a fixed time period
New technology may be exploited by anyone after expiry
Public record ensures that the knowledge not lost to humanity 11

12. Non-Patentable Matter
Discoveries, Scientific Theories & Mathematical Methods
Schemes, Rules, or Methods of doing business, Performing Purely Mental Acts or Playing Games
Natural Substances
Essentially biological processes for production of animals and their parts
Inventions whose commercial exploitation is contrary to public order and/or morality 12

13. Three Tenets of Patentability™ Industrial Applicability
Novelty
An invention is new if it is not anticipated by prior art
An invention shall be considered as involving an inventive step, if having regard to the differences and similarities between the claimed invention and the prior art… [T]he claimed invention as a whole would have been obvious to one skilled in the art…
Inventive Step
The invention shall be considered industrially applicable if it can be made or used in any kind of industry, or if it has specific, substantial credible utility
Industrial Applicability 13

14. A Simplified Visualization
I/ We Claim:
CLAIMS:
SCOPE OF DISCLOSURE
Broadened Scope through Description

15. Ideally, Umbra should be big & broad
Broadening Scope
Size of the Scopes Vary Depending on Various Factors
Ideally, Umbra should be big & broad

16. Ideal Protection ONLY WHAT IS CLAIMED CAN BE PROTECTED BY PATENTS
IDEAS
Potential
Infringer
KEEP POTENTIAL INFRINGERS AWAY TO ENJOY
MONOPOLY ON SELF-DEVELOPED PRODUCTS

17. ANOTHER OBJECT… CATCH POTENTIAL INFRINGERS
THROUGH A WELL-DRAFTED SPECIFICATION

18. Why Search Patent Databases?
With more than 800,000 patents granted annually around the globe, of which an estimated 70 percent of the information in patent documents is not available elsewhere they offer a wealth of information, such as information on the state-of-the-art, which can help an enterprise to avoid wasting resources
From:

19. Searching Patent Databases
Plenty of technical information held in a single repository
High possibility that a technical solution to a problem is contained within it
Ensures you don’t spend a lot of resources “Reinventing”
High quality search can also assist in early identification and mitigation of risks
Electronic version of databases provides access at very minimal cost

20. Searching/Analysis Finding Relevant Prior Art Citations
Offensive/Defensive Reviews
Invalidity
Freedom-to-Operate
Infringement
Enforcement
Patentability
Landscapes

21. Anatomy of a Patent Front Page Drawings Description/ Specification
Claims

22. Front Page- Typical Contents
Title
Abstract
Inventors
Assignee/ Applicant
Country of Origin
Dates
Representative Drawing
Classification Codes …

23. Intellectual Property
“If you Think it, Protect it…”
“Because if it is worth copying, it is worth protecting” 23