Freedom to operate Patentability Search in India | Understanding the Importance of International Patent Classification IPC for Performing Patent Infringement Searches| Why IPC, USPC & other Patent Classifications Important for Conducting Patent Infringement Searches, Freedom to operate Patentability Search in India, Intellectual Property Patentability searches are very important to determine patentability of an invention / idea/ innovation. It is advisable to an inventor to determine the patentability of the invention before filing for a patent application before the patent office. The main advantages of different patent classifications like IPC, USPC, ECLA, CPC is that they enable patentability searching of patent documents of different languages by using the codes easy accessible by the patent researcher who is an expert in performing the patent searches.

1. Understanding Basics of
Reading a Food Science
Technology Patent Invention
By Adv. Prity Khastgir (Patent Attorney) & Aditi
Tech Corp Legal
“Where Technology, Business and Law Intersect”
www.techcorplegal.com
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2. Objectives of Understanding an Invention Related
Document or Patent Application Filed before
Patent Office
 Importance of filing Patent application before Patent Office
 Different Sections of a patent document filed before Patent
Office
 Importance of Short, Concise Patent title for the Invention
 Inventors of the Invention
 Assignee of the patent
 Patent Application number
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3. Objectives of Understanding an Invention Related
Document or Patent Application Filed before
Patent Office
 Filing date
 Patent Classification System
 IPC class
 US class
 Detailed Analysis of Patent Classification system
 Patent Abstract of the present food invention
 Summary of the invention
 Background / prior art technology of the invention
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4. Objectives of Understanding an Invention Related
Document or Patent Application Filed before
Patent Office
 Patent drawings to illustrate features of the inventions
 Independent patent claims and
 Dependent patent claims
 Detailed description of the invention to support the list of patent
claims
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5. Different Sections of a patent document filed
before Patent Office
 Bibliographic Invention related data
a. Title of the invention
b. Patent/ Application publication number
c. Patent Abstract
d. Inventor (s)
e. Assignee
f. Filing date
g. Foreign Application priority date
h. Patent classification related to the Invention
i. Citation
 Background of the invention
 Summary of the invention
 Patent Drawings
 Brief description of drawings
 Detailed Description of the invention
 Patent Claims (Independent and dependent patent claims)
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6. Patent application & Importance of filing Patent
application before Patent Office
A patent application is a request pending at any particular patent office for
the grant of a patent for the invention described and claimed by
that application.
An application consists of a description of the invention
(the patent specification), together with independent and dependent patent
claims.
Note: Patent Rights are territorial in nature and therefore same patent
application should be filed before different patent offices to secure
Intellectual Property Rights.
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7. First inventor
Title
Assignee of the
patent
Inventors of the patent
Patent Application
number
Publication date
IPC Class
US Class
Abstract of
the
Invention
PCT Filing
Date
PCT Application
number
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8. Importance of Short, Concise Patent title for the
Invention
 Title of any invention convey to the user of patent documents a first
impression of the main content of the invention and particularly the scientific
domain of the invention.
 The title of the invention should be meaningful.
 The title should be clear, concise and as specifically as possible indicate
the subject matter to which the invention / idea / innovation relates.
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9. Importance of Short, Concise Patent title for the
Invention
 Patent document contains patent claims in different categories
(product, process, apparatus, use), this should be evident from the
title. For example, “System / Method / Device / Apparatus”
 The word “patent,” personal names, fancy names, trade names,
trademarks or abbreviations or terms such as “etc.” which do not serve
to identify the invention should not be used in the title content of the
invention.
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10. Inventors of the Invention / File Patent for the
Invention
An inventor is the person, or persons who contribute to
the claims of a patentable invention. An inventor is the one with
"intellectual domination” over the inventive process. Patent
claims define the scope of the invention.
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11. Assignee of the Patent / Invention
Persons or businesses can acquire an ownership interest in a patent
application by signing an assignment deed from the inventor. The
inventor granting the assignment is an assignor.
The person or business receiving the assignment is the assignee.
A patent application is owned by the inventors if there is no
assignment.
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12. Patent Application number and Filing date
Patent Application number is the number given to the patent
application by the respective patent office. Different
nomenclature are used by different patent offices across the
globe.
Filing date i.e. the date when the patent is filed in the patent
office.
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13. International Patent Classification (IPC) class
and United States USPC Classification
International Patent Classification (IPC) class categorizes the
patent according to the International Patent Classification
System.
United States USPC class categorizes the patent according to
United States Patent Classification System.
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14. International Patent Classification System
International Patent Classification (IPC) system is a hierarchical
system that classifies any patent according to a hierarchy given
as follows:
 Section
 Class
 Subclass
 Group
 Subgroup
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15. Sections of International Patent Classification
The International Patent Classification (IPC) Classification represents the whole body of knowledge
which may be regarded as proper to the field of patents for invention, divided into eight sections.
Sections are the highest level of hierarchy of the Classification. Each section is designated by one of
the capital letters A through H. The eight sections are entitled as follows:
 A HUMAN NECESSITIES
 B PERFORMING OPERATIONS; TRANSPORTING
 C CHEMISTRY; METALLURGY
 D TEXTILES; PAPER
 E FIXED CONSTRUCTIONS
 F MECHANICAL ENGINEERING; LIGHTING; HEATING; WEAPONS; BLASTING
 G PHYSICS
 H ELECTRICITY
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16. Class of International Patent Classification
Each section of IPC is subdivided into classes which are the
second hierarchical level of the IPC Classification. Each class
symbol consists of the section symbol followed by a two-digit
number. E.g. C12
Class Title – The class title gives an indication of the content of
the class.
E.g. C12 Biochemistry; Beer; Spirits; Wine; Vinegar;
Microbiology; Enzymology; Mutation or Genetic Engineering
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17. Subclass of International Patent
Classification (IPC)
Each IPC class comprises one or more subclasses which are the third
hierarchical level of the Classification.
 IPC Subclass Symbol – Each subclass symbol consists of the class
symbol followed by a capital letter. Example: C12P
 IPC Subclass Title – The subclass title indicates as precisely as
possible the content of the subclass.
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18. Subclass of International Patent
Classification (IPC)
E.g. C12 P
FERMENTATION OR ENZYME-USING PROCESSES TO
SYNTHESISE A DESIRED CHEMICAL COMPOUND OR
COMPOSITION OR TO SEPARATE OPTICAL ISOMERS FROM A
RACEMIC MIXTURE
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19. Group of International Patent Classification (IPC)
Each IPC subclass is broken down into IPC subdivisions referred to as
“groups”, which are either main groups (i.e., the fourth hierarchical level of the
Classification) or subgroups (i.e., lower hierarchical levels dependent upon
the main group level of the Classification).
 Group Symbol – Each group symbol consists of the subclass symbol
followed by two numbers separated by an oblique stroke.
 E.g. C12 P 5/00 C12P 5/00 Preparation of hydrocarbons
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20. Group of International Patent Classification (IPC)
 IPC Subgroup Symbol – Subgroups form subdivisions under the main
groups. Each subgroup symbol consists of the subclass symbol followed by
the one- to three-digit number of its main group, the oblique stroke and a
number of at least two digits other than 00.
 E.g. C12 P 5/02 Preparation of acyclic hydrocarbons
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21. Abstract of the Invention for which a
Patent is filed before the Patent Office
Abstract is a concise summary of the invention disclosed in
the application. This summary enables the Office (and the
public) to quickly determine the nature of the disclosed subject
matter.
Biomass material
Metabolizing and anaerobic fermentation
Cultivation of fungal cells Producing biogas
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22. Background & Summary of the invention
Background of the invention states the earlier technologies
being used, prior patents in the same domain, the need for the
invention and the problems addressed by the current invention.
Summary of the invention is a brief description of the
invention illustrating main elements of the inventive concept.
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23. Patent Drawings
It is the detailed illustration of invention to better understand the
invention. It can be in the form of a flowchart or drawings.
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24. Patent Claims: Define the Scope of
the Inventive Technology
In a patent or patent application, the patent claims define, in technical
terms, the extent, i.e. the scope of the invention, of the protection conferred
by a patent, or the protection sought in a patent application.
In other words, the purpose of the patent claims is to define which subject-
matter is protected by the patent (or sought to be protected by the patent
application).
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25. Patent Claims: Define the Scope of
the Inventive Technology
Independent patent claims: An independent patent claim is a stand alone
patent claim that contains a preamble and all of the elements necessary to
define the invention.
Dependent patent claims: A set of patent claims that refer back to and
further limit another patent claim are called dependent claims. Dependent
patent claims incorporate by reference each of the limitations of the patent
claim from which they depend.
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26. Detailed Description of the Invention
for which a Patent Application
is Filed before Patent Office
The description tells about the complete and full description of the
invention. It includes its technical field, previous techniques related to
the invention, the purpose and service of the invention, solutions
applied with respect to previous inventions and their problems.
Moreover, the details support the patent claims claimed by the
invention.
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27. Thank you
Any questions?
Email: prity.k@techcorplegal.com
Twitter: @Biopatentlawyer
website: www.techcorplegal.com
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