Patentability requirements Flashcards
What is the criteria for patentability of an invention
What must a patent application for a novelty item be, to be considered patentable?
State of the art
How long after a patent application is made do the details of the Patent become disclosed on the patent database?
18 months
What is considered to be prior art in an application?
Anything which has already been presented
How many features of a must be known to be capable of protection under Patent law?
At least one feature ie the chemical make up of a product
What does a non-disclosure agreement do?
It allows the development of a product to proceed without the patentability aspect being disclosed prior to an application
What is considered to be the priority date for a patent application?
It is the date which the application is first filed at the Patent Office
How long after the priority date does protection last for the applicant?
12 months
What can the applicant do during this time?
He can choose which countries he wants the patent to be valid in.
He can change or add to the application.
What is the National Treatment Rule?
It is the rule under which the Priority Date protection is offered to the applicant.
Who benefits from the National Treatment rule?
The first applicant for the patent.
What are the 3 steps the EPO take to determine whether or not to issue a patent in this classification?
1 Identify the closest Prior Art
2 Asses the technical results
3 Asses the technical problem it resolves
If an applicant to a patent shows inventiveness but with a prior art product does he have patentability?
No
If an invention which is the subject of a patent application does not do what is claimed in the application will it be patentable?
No
What 3 things must an invention do or have to be patentable?
1 It must be operable
2 It must work in reality
3 it must have a benefit to its operation
What is considered to be a utility Patent?
It is an invention which does not have an industrial function
