Patentability Requirements Flashcards
What is needed to apply and obtain a Patent?
What is the basic level of requirements for an invention to be Patentable?
Within a field of technology, the invention must involve a step which is capable of an industrial application.
What are the four modern criteria for a Patent to be accepted?
1 Novelty
2 Inventive step
3 Industrial applicability
4 Technical Character
What two criteria must be met for a patent to be considered?
1 It must be technical in nature
2 it must have an industrial application
The EPO ( European Patent Convention ) excludes what types of patent applications?
any application which is considered to be scientific theories, mathematical methods, aesthetic creations, schemes, rules and any methods for performing mental acts.
Can you patent a scientific theory?
No
If an aesthetic creation has a technical aspect can it be patented?
No, only the technical aspect has patentability.
Can you patent a computer programme?
No
Can the EPO grant a patent for an invention which would be illegal in the USA?
No
If an invention was considered not to be in the public interest, but in all other ways had patentability would a patent be granted?
No
Does a method of surgery, treatment or therapy for humans have patentability?
No
When looking to patent an invention what should the inventor consider?
The invention must do something which has never been done before?
What two ways are considered to be patentable subject matter for an invention to be patented in Europe?
- The invention should be technical in nature
2. There must be a clear reference to that technology in the invention
How does US patent law differ?
The US calls the invention the machine and the patentable matter must be tied to the machine
What is the US style of the patent known as?
The Transformation process
Does the patent cover all of the machine or technology in the application?
No, to be protected under any patent the matter must be listed and described in the application as part of the invention
