Unit 1 - General Patent Principles

Question 1

What is a patent?

Answer 1

A patent is a monopoly granted to an inventor by a state for a fixed period of time in exchange for devising and disclosing the invention.

Question 2

What are the advantages of the patent system?

Answer 2

• encourages technological advancement and growth of wealth.
• provides inventors with incentive to innovate.
• allows inventors to recover research and development costs.
• has created a vast library of technical information.
• inventions must be disclosed to the public.

Question 3

What is meant by duty of care?

Answer 3

The reasonable person in the circumstances should act with watchfulness, attention, caution and prudence towards others and the general public.

Question 4

What is meant by filing a patent application?

Answer 4

The application is filed in the name of the inventor or applicant and given and application number and filing date.

Question 5

Define priority period.

Answer 5

The 12 month period within which overseas applications must be filed if the filing date of the first filing is to be relied upon for patentability.

Question 6

What is meant by search?

Answer 6

Patent examiner searches the invention for prior art. The prior art indicates the patentability of the invention and is then reviewed to determine if the applicant wishes to proceed with the application.

Question 7

What is prior art?

Answer 7

Anything published prior to the filing date or earliest priority date of the application disclosing similar or existing inventions. Prior art usually consists of patent specifications or sometimes non-patent literature or journal articles.

Question 8

What is meant by publication?

Answer 8

The content of the application is disclosed to the public.

Question 9

What is examination?

Answer 9

The examiner reviews the prior art, comments of the patentability, raises objections and provides the applicant opportunity to respond to their objections.

Question 10

What happens when a patent is granted?

Answer 10

The patent specifications is re-published to include any amendments made during examination and patent can now be enforced.

Question 11

What is meant by maintenance?

Answer 11

Renewal fees must be paid to keep the patent in force. These are usually due annually and increase in costs each year.

Question 12

What is a patent term?

Answer 12

The patent term refers to the fixed period of time for which the patent can be enforced (usually 20 years). Once this period ends the monopoly ceases and the invention can be copied or used freely.

Question 13

What are the required contents of a patent application?

Answer 13

• any necessary forms
• specification made up of:
  • description
  • claims
  • abstract
  • drawings