Legal Provision

 

Answer 1:
Scope of Patent: 
The scope of patent is again important concept to be considered. This is because in most of the new invention, significant part including raw material will be commonly used in the industry. Hence patent holder is entitled to get patent on his entire product to want of novelty. In this case the applicant is required to highlight novel part in his invention. The patent will be granted on novel part of entire product. 
In the given case:
1.	Patent is available on the unique combination of ingredients which generate the unique test of the product. 
2.	No patent is available on raw material used in the process. 
3.	Patent is not available on process used to develop the unique test as the process of development of product is common in the industry.      
Legal Provision:
Patent is the intellectual property which protects the invention of inventor. It can be defined as exclusive right to use, assign and file suit for infringement available with inventor of inventive product or process. However every invention is not patentable. According to patent laws, the invention which satisfies the criteria for patentability is eligible for patent. 
Criteria for patentability:
1.	Invention:
In order to have patent there must be new product, new process or some inventive steps. The patent is not available if there is no invention.  
2.	Novelty:
The novelty is one of the important and crucial elements of patentability. Accordingly if the invention is not novel, patent cannot be granted. 
The term novelty indicates that the invention must not be known to or used by the public before the date of filling of application. That is to say if the invention is part of State of Art, the same will not be regarded as novel. 
The invention is considered as part of state of art if the invention is made available to public by written, oral or any other means before the date of filling of application.  
Novelty may be absolute, mixed or local novelty. 
3.	Industrial Application:
The next important criterion for patentability is industrial application of the invention.  The invention must be capable of being used in the industry. 
In case if the new product satisfies the aforesaid criteria, then inventor can get the patent on his new invention. 
Application:
In the given case, the following points should be noted in relation to patentability of the product:
1.	The product developed by the Pure Drink, can be considered as invention under patent law as the product is unique in the market and has better nutrition value compare to existing product in market. 
2.	The product is capable of being marketed; hence is also satisfies industrial application criteria. 
3.	The product can be considered as novel this is because the type of test offered by the product is unique and no similar test is available in the market.  
Conclusion:
The product developed by Pure Drink satisfies criteria for patentability.  However looking to the facts given in the case, it seems difficult to get patent on the invention. This is because as Mr. Cable has already launched the invention in the market before date of application, the invention has lost its novelty.  

Answer 2:
The applicant is required to adopt below mention procedure in order to get patent o his invention:
1.	The applicant is required to file application for obtaining patent with IP Australia. The application can be filed online or manually. The application must be accompanied with requisite fees.   
2.	The application form must be followed by complete specification. The complete specification is the document that describes invention, its usage, composition and scope of the patent.  One may file provisional application or complete application. In case where the provisional application is filed, the applicant is under obligation to file complete application within 12 months from the date of filling of complete application, failing to which the application is treated as cancelled. 
3.	After filing of application, the IP Australia will publish the application after 18 months from the date of application filling. The publication of patent allows the public to examine the data relating to invention and enables interest person to file objection. 
4.	The next step after publication is request for examination. The patent applicant is required to file Request for Examination within 5 years from the date of application. 
5.	On examination, the patent authority will invite the objection from the interested person and after satisfaction of objections, the patent will be granted. 

Answer 3:
The next alternative with Mr. Cable is to go for Trade Secrete, if the patent is not available. The trade secrete differs from patent in following ways:
Point of Difference	Patent	Trade Secrete
Governing Law	The protection of patent is governed under Patent Act.	There is no governing law for trade secrets. It purely depends upon the ability of management to mainta