Novelty Flashcards
An invention is new if it doesn’t…
…form part of the state of the art.
What does the state of the art comprise?
All matter made available to the public before the priority date of the application.
Disclosure within 6-month period before filing is not novelty-destroying if the disclosure was…
due to the invention being obtained unlawfully/in breach of confidence, made in breach of confidence, international exhibition display.
What is novelty-only/secret prior art under S2(3)?
Prior art published after the priority date of a new application which counts as novelty-destroying only.
What is the purpose of S2(3) regarding novelty-only/secret prior art?
Prevent double patenting.
What types of applications are considered S2(3) art?
GB applications (except abstract) EP applications
PCT applications entering GB NP
PCT applications entering EP RP.
What is the grace period for prior disclosures under section 2(4)?
6 months before filing in the UK, including filing a PCT(GB), irrespective of priority filing made elsewhere after the disclosure.
A disclosure is considered enabling if it…
…provides enough information for a skilled person to replicate the invention using the CGK without further inventive effort.
What two things are required for anticipation in patent law?
Prior Disclosure
Enablement
SmithKline Beecham Plc’s (Paroxetine Methanesulfonate) Patent [2006] RPC 1 set the precedent for dealing with disclosure and enablement…
separately
The test for enablement of a prior disclosure for anticipation is the same as the test for enablement of the patent for …
Sufficiency
How is a claim to a product obtained by a process construed?
As as a claim to the product itself.
A specific range of parameters encompassed within a disclosed range is inventive when…
there is no hint to that specific range of parameters in the disclosure.
Can something still be novel if a disclosure gives clear instructions to NOT do what is claimed? [Union Carbide Corp v BP Chemicals Ltd [1998] RPC 1]
yes
What must the applicant file if their invention was displayed at an international exhibition?
1) A certificate from the exhibition authority (date); and
2) an authenticated statement identifying the invention displayed.
When is an application not validly published?
If an application is published having had a request for withdrawal received too late to prevent pulication.
