Seminar 2-3: concept and requirements Flashcards
What are the three criteria an invention must meet to be patentable under European law?
An invention must be new, inventive, and susceptible of industrial application.
What additional requirement must an invention meet for sufficiency under European patent law?
The invention must include an enabling disclosure, meaning it provides enough detail for a skilled person to perform the invention without undue burden.
What is the role of plausibility in sufficiency of disclosure under European law?
While not a legal requirement, plausibility ensures the invention is credible and reproducible, supported by technical evidence at the filing date.
What types of inventions are not patentable under European law?
Discoveries, scientific theories, mathematical methods, aesthetic creations, schemes for mental acts, playing games, doing business, computer programs, and presentations of information are not patentable.
When does prior disclosure not destroy novelty under Art. 55 EPC?
Prior disclosure is not novelty-destructive if it results from abuse related to the applicant or occurred at an officially recognized international exhibition within six months of the filing date.
How is novelty destroyed under European patent law?
Novelty is destroyed if the invention is part of the state of the art, which includes all information made available to the public before the filing date, regardless of geography or mode of disclosure.
What is the “Two-Lists Principle” in selection inventions?
Novelty is conferred if a selection is made from two or more lists to create a specific feature combination not explicitly disclosed in prior art.
What are the three criteria for a sub-range to be novel under European law?
(a) The sub-range must be narrow, (b) significantly different from prior art examples, and (c) represent a purposive selection with a new technical teaching.
What is the definition of “state of the art” under Art. 54 EPC?
The state of the art includes everything made available to the public before the filing date, with no geographical or disclosure mode limitations.
What determines whether an invention involves an inventive step under Art. 56 EPC?
An invention involves an inventive step if it is not obvious to a skilled person in light of the state of the art and requires more than routine skill or common general knowledge.
How is inventive step assessed using the problem-solution approach?
(1) Identify the closest prior art, (2) establish the objective technical problem, and (3) determine if the invention would have been obvious to a skilled person based on the prior art and the problem to solve.
What inventions are excluded from patentability for ethical reasons under European law?
Inventions contrary to ordre public or morality, such as methods for human surgery or therapy and certain biological processes for plants and animals, are excluded unless they demonstrate a technical effect.
What is required for industrial application under Art. 57 EPC?
An invention must be capable of being made or used in any kind of industry, including agriculture, and not violate established physical laws.
What does Article 83 EPC require for sufficiency of disclosure?
A patent must disclose at least one clear way to perform the invention, enabling a skilled person to carry it out across the full scope of the claims without undue burden.
What is the purpose of the grace period under Art. 55 EPC for novelty?
The six-month grace period allows disclosures due to abuse or official exhibitions to avoid destroying novelty if they occur within six months before the filing date.
