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Virtual Legal Assistant (.)     12 January 2021

Patent

What is the definition of "non analogous prior art " in terms of Patent in India ?

Whether IPAB has the power to grant a patent ?


Learning

 1 Replies

Kevin Moses Paul   18 January 2021

Analogous art refers to a method of criteria that patent reviewers and courts use to determine whether an idea is too similar to another invention and therefore qualifies as prior art. Any art is considered to be analogous if - "It is reasonably similar to the problem that the inventor faced." Whereas, on the other hand, Prior art is any evidence that your invention is already known. Prior Art does not require to exist physically or be commercially available. For prior art,. it is enough that someone/somebody, somewhere, sometime previously has described or shown or made something that contains a use of technology that is very similar to your invention.
The right to grant patent rests with IPO (i.e. Indian Patent Office) only. India Patent Office grants patent so that any invention can be freely commercialised or utilised without any fear of infringement. All changes affecting patent right should always be recorded in the Indian Patent Office.

IPAB (Intellectual Property Appellate Board) can not grant patent. This is because the Intellectual Property Appellate Board was constituted on September 15, 2003 by the Indian Government only to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999 and not for granting of patents.

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