From Filing Application To Patent Expiration Flashcards
Patent application consists of a:
- Request
- A specification
- A claim
- An abstract
- One or more drawings if necessary to understand for the invention
Procedure for filing a patent
- Examination
- Search report
- Publication of application
- Substantive examination
- Grant of a patent
Publication of application and search report are done together
18 months after the date of first filing the patent application or, if priority was claimed, the earliest priority date
A claim
Define the matter for which protection is sought and determine the scope of the patent
Prior art
Everything communicated to the public before the date of filing
Article 42 EPC - what does description contain
- Prior art
- Drawback of prior art
- Problem to be solved
- Solution
- Advantage of the invention
Art 52 EPC
What is not considered to be an invention
The patent proprietor may request the revocation or limitation of his patent
At any time following the grant of the patent
IPC (International Patent Classification)
hierarchical classification system covering all fields of technology and is indispensable for efficient retrieval of prior art or previous patent information
periodically revised to take account of technological developments and to ensure a more user-friendly and accessible patent classification and search tool for specialists and non-specialists alike.
Cooperative Patent Classification (CPC)
USPTO and EPO harmonized existing systems since 1 January 2013.
Unity of Invention
Groups of invention may linked to form a single “inventive concept”
Grace period
6 or 12 months where invention does not lose its novelty
First to file
Right to the grant of patent belongs to the first applicant
First to invent
Right to obtain the patent goes to the first inventor
