Patent Act and EPC Numbers

Question 1

Section 14 (3)

Section 72 (1) (c)

Answer 1

ENABLEMENT

Question 2

Section 2 (2)

EPC Art 54

Answer 2

ABSOLUTE NOVELTY

Question 3

Section 2 (3)

Art 54 (3)

Answer 3

UNPUBLISHED APPLICATIONS ARE PART OF THE STATE OF THE ART.

Question 4

Section 4

Art 54

Answer 4

EXCLUDED DISCLOSURES: 6 MONTH GRACE PERIOD PRECEDING FILING DATE

Question 5

Section 3

Art 54

Answer 5

BASIC TEST FOR INVENTIVE STEP: INVENTIVE IF IT IS NOT OBVIOUS TO THE PSKA

Question 6

Section 4

Art 57

Answer 6

INDUSTRIAL APPLICATION

Question 7

Section 4A

Art 53

Answer 7

METHODS OF TREATMENT AND DIAGNOSIS

Question 8

Section 4A (3) (4)

Art 54 (4) (5)

Answer 8

NEW MEDICAL USE OF A KNOWN SUBSTANCE

Question 9

Section 1 (3) (4)

Art 53 (a)

Answer 9

CONTRARY TO PUBLIC POLICY OR MORALITY

Question 10

98/44/EC

Section 76 A

Answer 10

BIOTECH DIRECTIVE

Question 11

Section 1 (2)

Art 52

Answer 11

EXCLUDED MATTER

Question 12

Section 14 (3)

Art 83

Answer 12

SUFFICIENCY

Question 13

Section 72

Art 100

Answer 13

GROUNDS OF REVOCATION

Question 14

G1/08

Answer 14

ESSENTIALLY BIOLOGICAL PROCESSES

Question 15

Section 30 (1)

Answer 15

A PATENT IS A TYPE OF PERSONAL PROPERTY

Question 16

Section 30 (2)

Section 71 (1) (2)

Section 89 (1)

Answer 16

ASSIGNMENT OF BOTH APPLICATIONS AND GRANTED PATENTS (WHETHER EPC OR PCT IN ORIGIN)

Question 17

Section 30 (6)

Answer 17

ASSIGNMENT MUST BE IN WRITING

Question 18

Section 33 (1)

Answer 18

ASSIGNEE & LICENCE

Question 19

Section 130 (1)

Answer 19

EXCLUSIVE LICENCE

Question 20

Section 30 (4) (a)

Answer 20

SUBLICENCE

Question 21

Section 68

Answer 21

FAIL TO REGISTER TRANSACTION

Question 22

Section 70 (1)

Answer 22

THREATS: BASIC TORT

Question 23

Section 70 (5) (a)

Answer 23

PROVISION OF FACTUAL INFORMATION IS NOT A THREAT

Question 24

Section 74 (4) (a)

Answer 24

THREAT RELATING TO THE MANUFACTURE OF IMPORTATION OF A PATENTED PRODUCT IS NOT AN ACTIONABLE THREAT.

Question 25

Section 7 (1)

Answer 25

ANY PERSON MAY MAKE AN APPLICATION FOR A PATENT

Question 26

Section 7 (2)

Answer 26

ENTITLEMENT TO A PATENT

Question 27

Section 13

Answer 27

INVENTOR’S RIGHT TO BE MENTIONED

Question 28

Section 7 (1) (a)

Answer 28

THE INVENTOR IS ENTITLED TO THE INVENTION

Question 29

Section 7 (1) (b)

Answer 29

ENTITLEMENT: THE INVENTOR CAN BE DISPLACED IF THERE IS ANY OTHER RULE OF LAW

Question 30

Section 39

Answer 30

INVENTION BELONGS TO THE EMPLOYER

Question 31

Section 40 (1)

Answer 31

COMPENSATION TO THE INVENTOR (EMPLOYEE)

Question 32

Section 41 (1)

Answer 32

INVENTOR IS AN EMPLOYEE: COMPENSATION: “FAIR SHARE OF THE BENEFITS”

Question 33

Section 36

Answer 33

COOWNERSHIP