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Patents > Patent requirment > Flashcards

Patent requirment Flashcards

1
Q

Is the request of a patent

A

Patent application or patent filing

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2
Q

Legal entity or person(s) that request the COMMERCIAL RIGHTS on an invention

A

Applicant/asignee

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3
Q

Person that has the moral rights to be regarded for the intellectual contribution

A

Inventor(s)

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4
Q

Date of earliest filing

A

Priority

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5
Q

Date at which the filing of a particular application was made

A

Date of filling / application date

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6
Q

Date at which the patent application was published by the office and max lengt

A

Date of publication of the application (max 18 months from filing)

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7
Q

Date at which the pantent has been issued

A

Date of grant (of a patent)

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8
Q

Right to the exclusive use of an invention

A

Patent

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9
Q

Legal entity or person that has a commercial right on the patent

A

Assignee

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10
Q

Change in the patent assignee.

A

Re-assignment.

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11
Q

Permit of use granted by the assignee.

A

License.

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12
Q

Licensing in.

A

The acquisition of a license.

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13
Q

The granting of a license.

A

Licensing out

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14
Q
  1. Industrial application (invention)
  2. Novelty
  3. Inventive step (non-obviousness)
    + Licit (ethical)
    +Sufficiently described.
A

3 requirements in the Paris Convention. Interpretation varies from country to country.

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15
Q

What those patents protect?

A

a. Technical inventions that solve technical problems
b. industrial characterization = function in problem solving

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16
Q

Mention some examples of industrial application

A

chemical substances, pharmaceuticals, machinery, process, methods, genetically modified organisms, designs, products, devices.

17
Q

What is not a patent

A

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]

18
Q

Requirement related to keep the invention confidential until the filing of the application

A

Novelty.
Not part of the state-of-the-art.

19
Q

Novelty exceptions

A

o Disclosure at specific trade shows and exhibition
o Theft of the idea
o Grace period (Japan, USA, Italy)

20
Q

What to do for novelty safeguarding

A

o Sign a Non-Disclosure Agreement.
o Seek professional advice since the very beginning
o File before anyone

21
Q

Which date is taken to assess novelty

A

date of filing but if available priority date

22
Q

What is scope of protection considered to assesses novelty

A
  • the content, technical features of the invention
  • the claims, drawing and the description
23
Q

What does the description contain.

A
  1. Prior art
  2. drawback of prior art
  3. problem to be solved
  4. solution
  5. advantage of the invention
24
Q

Who assess the non obviousness of the invention for the inventive step

A

A skilled person in the state of art ,with technical knowledge, is skilled practitioner. He knows everything but has zero imagination

25
Q

Sufficiency of disclosure

A

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.

26
Q

Content of a patent document

A

Title
Abstract
Description
Claims
Drawings

27
Q

Short summary of the invention

A

Abstract

28
Q

Patent Description content

A
  • 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)
29
Q

___ are especially critical for assessing novelty and non-obviousness.
And can be both for product/ process

A

Claims (What is the scope of the invention/the protection sought?)

30
Q

Independent claims

A

The invention in its broadest scope

31
Q

Dependent claims

A

Any claim which includes all the features of any other claim

32
Q

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.

A

patent applications does not fulfill novelty.

Patents (11 decks)

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