Patent requirment Flashcards
Is the request of a patent
Patent application or patent filing
Legal entity or person(s) that request the COMMERCIAL RIGHTS on an invention
Applicant/asignee
Person that has the moral rights to be regarded for the intellectual contribution
Inventor(s)
Date of earliest filing
Priority
Date at which the filing of a particular application was made
Date of filling / application date
Date at which the patent application was published by the office and max lengt
Date of publication of the application (max 18 months from filing)
Date at which the pantent has been issued
Date of grant (of a patent)
Right to the exclusive use of an invention
Patent
Legal entity or person that has a commercial right on the patent
Assignee
Change in the patent assignee.
Re-assignment.
Permit of use granted by the assignee.
License.
Licensing in.
The acquisition of a license.
The granting of a license.
Licensing out
- Industrial application (invention)
- Novelty
- Inventive step (non-obviousness)
+ Licit (ethical)
+Sufficiently described.
3 requirements in the Paris Convention. Interpretation varies from country to country.
What those patents protect?
a. Technical inventions that solve technical problems
b. industrial characterization = function in problem solving
Mention some examples of industrial application
chemical substances, pharmaceuticals, machinery, process, methods, genetically modified organisms, designs, products, devices.
What is not a patent
a. Nonindustrial applications
b. Mathematical methods
c. Artistic creations
d. methods of surgical treatments and therapy
e. Species and varieties of plants and animals [superior animal]
Requirement related to keep the invention confidential until the filing of the application
Novelty.
Not part of the state-of-the-art.
Novelty exceptions
o Disclosure at specific trade shows and exhibition
o Theft of the idea
o Grace period (Japan, USA, Italy)
What to do for novelty safeguarding
o Sign a Non-Disclosure Agreement.
o Seek professional advice since the very beginning
o File before anyone
Which date is taken to assess novelty
date of filing but if available priority date
What is scope of protection considered to assesses novelty
- the content, technical features of the invention
- the claims, drawing and the description
What does the description contain.
- Prior art
- drawback of prior art
- problem to be solved
- solution
- advantage of the invention
Who assess the non obviousness of the invention for the inventive step
A skilled person in the state of art ,with technical knowledge, is skilled practitioner. He knows everything but has zero imagination
Sufficiency of disclosure
A detailed description with essential features to carry out the invention. Any skilled person in that topic should be able to develop the invention with this description.
Content of a patent document
Title
Abstract
Description
Claims
Drawings
Short summary of the invention
Abstract
Patent Description content
- Field of the invention (the technical area)
- Background of the invention (prior art)
- Detailed description of the invention: how does the invention provide a technical solution to the technical problem?
- Brief description of the drawings
- Detailed description of at least one way of carrying out the invention (embodiment of the invention)
___ are especially critical for assessing novelty and non-obviousness.
And can be both for product/ process
Claims (What is the scope of the invention/the protection sought?)
Independent claims
The invention in its broadest scope
Dependent claims
Any claim which includes all the features of any other claim
The scope of protection of the final patent can be different – and it is often narrower- than the scope of protection initially sought for in the patent filing.
patent applications does not fulfill novelty.
