PA 2 - Novelty Flashcards
What makes something novel
An invention is new if it does not form state of the art
What is the state of the art
ALL matter (whether a product, a process, infromation about either, or anything else)
made available to the public (whether in the UK or elsewhere)
at any time BEFORE THE PRIORITY DATE of the invention,
whether by written or oral description, or by use in any other way
What is S2(3)
For the purposes of NOVELTY ONLY
the state of the art also comprises matter in a PATENT OR APPLICATION having:
an EARLIER PRIORITY DATE
but PUBLISHED ON OF AFTER the priority date
the matter was both in the AS FILED and AS PUBLISHED application
What does S2(3) prevent
Double Patenting
What counts as S2(3) prior art
GB applications
EP applications
PCT applications which VALIDLY ENTER the GB national phase
PCT applications which VALIDLY ENTER the EP regional phase
BUT NOT ABSTRACTS
What does not form state of the art for a uk application- S2(4)
disclosures will NOT be considered as state of the art if:
the disclosure occurred during a SIX-MONTH period proceeding the FILING DATE IN THE UK
AND EITHER
a) disclosure was due to, or made in consequence of, the matter being obtained UNLAWFULLY or IN BREACH OF CONFIDENCE from the inventor or someone already in confidence , or
b) the disclosure was made in breech of confidence by anyone already holding the invention in confidence, or to whom it was disclosed in breech of confidence; or
c) due to or resulting from the inventor displaying the invention at AN OFFICIALLY RECOGNISED INTERNATIONAL EXHIBITION, when subsequently stated with evidence.
How do you confirm international exhibition R5
Statement in Writing, with certificate and statement by the authority responsible for the exhibition that the invention was actually displaced there, and an opening date of the exhibition
What does published mean for S2(3)
VALIDLY PUBLISHED i.e. not if a request for withdrawal was received too late to prevent publication
What makes something a public disclosure and what must that disclosure be
If the disclosure (i.e. book in library or internet) is reasonably accessible
Lux Traffic - Disclosure should be enabling
Hozelock - if it required the public to loiter deliberately, or visit on multiple occasions for it to be enabling, then it is not public
What makes a website a disclosure to the public
T1553/06 (Philips) -
-A document must have its own URL
-be capable of being found using a public search engine and keywords related to the essence of the content
- remain online long enough for a member of the public to have direct unambiguous access to the document
-that on the balance of probabilities the document was accessible.
What is considered as a breach of confidence in the UK and EP
An “air of confidence” at the time that the RECIPIENT would understand that the infromation is confidential.
Unlikely if document is simply forgotten and left as a consequence of carelessness
In EP breach of confidence must have evident abuse
What to do for breach of confidence for lost items
ASK:
Was the document marked confidential
Was the document password protected/encrypted
was the device with the infromation password protected/encrypted
FILE application ASAP before verifiable publication
FILE FORM 49 + FEE to request to be informed of future events relating to a patent application or patent
What is the deadline for filing details of international exhibition
Within 4 months of filing (UK application)
OR
within 2 months of entering the GB national phase from a PCT
Exhibitions as published in the journal
