Patent Law

Discovery vs Invention Patent Puzzle 🧩


Listen Later

🧩 The Great Patent Mystery

🌟 Imagine you discover that neem leaves have amazing antibacterial properties. Can you get a patent for this discovery? The answer might surprise you - and it's the key to understanding one of the most important distinctions in patent law!

💡 What You'll Discover:

  • 🔍 Why finding something in nature isn't enough for a patent
  • ⚖️ The crucial difference between discovery and invention that courts use
  • 🎯 How the 'inventive step' test actually works in real cases
  • 💻 Why most software can't be patented (but some can!)

🚀 Real Cases Discussed:

  • 💎 Vishwanath Prasad, Radheshyam vs. Hindustan Metal Industries - The Supreme Court case that clarified what counts as true invention
  • Section 3 of Indian Patents Act 1970 - The law that draws the line between discoveries and inventions

🔬 From Nature to Patent:

  • 🌿 Finding neem's properties = Discovery (no patent)
  • 🧪 Creating a new process to extract those properties = Invention (possible patent)
  • 💡 The magic ingredient: that non-obvious inventive step

🎙️ Perfect for inventors, entrepreneurs, and anyone curious about what can actually be patented - you'll never look at innovation the same way again!

...more
View all episodesView all episodes
Download on the App Store

Patent LawBy Sharad Bansal