Patent Law

Why New Isn't Enough for Patents πŸ”¬


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πŸ”¬ The Patent Puzzle That Confuses Everyone

🌟 Picture this: You've invented something completely new - never seen before anywhere in the world. Surely it deserves a patent, right? Wrong! This episode reveals why being "new" is just the beginning of the patent journey.

πŸ’‘ What You'll Discover:

  • πŸ” Why "novelty" and "inventiveness" are two completely different things
  • βš–οΈ The mysterious "person skilled in the art" - who is this imaginary expert?
  • 🎯 How Section 2(1)(j) of the Patent Act 1970 defines true innovation
  • πŸ’» Why AI can create inventions but can't be listed as the inventor

πŸš€ Real Cases Discussed:

  • πŸ’Ž Vishwanath Prasad Radheshyam vs. Hindustan Metal Industries - The Supreme Court case that clarified inventive step requirements
  • ⭐ Section 3(k) of Patent Act - Why software and algorithms face special hurdles

πŸ€– The AI Revolution Challenge:

  • πŸ”₯ How artificial intelligence is creating inventions but can't legally own them
  • ⚑ The global debate: Should AI be recognized as inventors?
  • 🌐 Why courts in US, Germany, and Australia still say "humans only"

πŸŽ™οΈ By the end, you'll understand the hidden requirements that separate true innovations from simple improvements - and why the patent system is scrambling to keep up with AI!

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Patent LawBy Sharad Bansal