Regarding a MCQ question regarding patentibility search

Home Forums Introduction to Patent Law Course Regarding a MCQ question regarding patentibility search

This topic contains 1 reply, has 2 voices, and was last updated by  Venkata Subramanian Raman 1 month, 3 weeks ago.

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  • #8066

    Vijeta Sharma
    Participant

    Patentability search is done to get:
    a) all of the above
    b) Report on FTO
    c) Validity/invalidity search report
    d) Patentibility search report

    I am confused between a) all the above and d) Patentibility search report

    My reason for for option d) is quite straight forward and for a):

    Validity / Invalidity is done with respect to section 64 and 64 (1) e, f and g relate to novelty, industrial application and use (main components of patentability search) and section 64 (1) d relates to non patantable subject matter (another indespensible component of pentantibility search with respect to India) . FTO also is targeted towards finding a way to operate an invention in a particular jurisdiction without infringing any patent. Therefore, one of the stategy should be to invalidate potential overlapping patent or the respective claim of that patent.

    Please help me in getting a clear picture.

    Thankx in advance

    Regards

  • #8067

    Hi,

    A Patentability search is carried out to understand the patentability scope or chances of procuring IP in that space. However, as you rightly mentioned, searches are carried out towards FTO and Validity/Invalidity analysis too. But since the question was directed towards patentability, the right answer would be a patentability search report.

     

    Venkat

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