Patent Law

Discovery vs. Invention Patent Secrets πŸ”


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πŸ” The Patent Puzzle That Confuses Everyone

🌟 Imagine you discover that neem leaves have amazing antibacterial properties. Can you patent this discovery? What if you create a new process to extract these properties? This episode unravels the fascinating difference between discovery and invention in patent law!

πŸ’‘ What You'll Discover:

  • πŸ”¬ Why finding something in nature isn't enough for a patent
  • βš–οΈ The four essential requirements every patent must meet
  • πŸ’» How software patents work despite being "just code"
  • 🧠 What makes an "inventive step" truly inventive

πŸš€ Real Cases Discussed:

  • πŸ’Ž Vishwanath Prasad, Radheshyam vs. Hindustan Metal Industries - The Supreme Court case that defined what makes a real invention
  • ⭐ Section 3 of Indian Patent Act 1970 - The law that clearly separates discoveries from inventions

🎯 Key Legal Concepts Made Simple:

  • πŸ”‘ Novelty vs. Non-obviousness - Why being new isn't enough
  • 🏭 Industrial applicability - Making sure your invention actually works
  • πŸ‘¨β€πŸ”¬ The "Person Skilled in the Art" test - How courts decide if something is obvious

πŸŽ™οΈ By the end of this episode, you'll understand why some groundbreaking discoveries can't be patented while seemingly simple inventions can be worth millions!

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Patent LawBy Sharad Bansal