Patentability Requirements

Question 1

The invention must be new

Answer 1

New at the date of filing - the invention does not form part of the state of the art

Question 2

State of the art

Answer 2

Everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application.

Question 3

First to file rule under EPC

Answer 3

The first to file the patent application will be entitled to the grant of a patent on a particular invention

Question 4

When is an invention “inventive”?

Answer 4

When it is not obvious to the person skilled in the art in view of the state of the art

Question 5

The person skilled in the art

Answer 5

• is a skilled practitioner in the relevant technical field
• has access to the entire state of the art
• is aware of general technical knowledge
• is capable of routine work

Question 6

Concept of priority

Answer 6

If the applicant for a patent in a given country has already filed an earlier patent application for the same invention in any other country, he can, within 12 months of the date of filing of the earlier application, claim this earlier filing date as the “priority date” for his subsequent application.