Week 3 Flashcards
Patentability requirements (I). Patentable subject-matter / technical character. Novelty. Priority, non-prejudicial disclosures, first-to-file vs. first-to-invent and grace period.
List 3 characteristics of an invention to patent an invention?
The TRIPS Agreement states that an invention must fall under ‘patentable subject matter’, and it must be:
- new (or ‘novel’);
- involve an inventive step (is ‘not obvious’); and
- capable of industrial application (or have ‘utility’, or be ‘useful’)
What are the main areas of a patent application?
The main step in applying for patent are to file a document consisting of a request, a specification, a claim or claims, an abstract and one or more drawings, if necessary. The patent application must identify the inventor(s) and the legal grounds of the applicant’s entitlement.
What is the main reason for searching for patent documents by the patent examiner?
A patent examiner conducts a search where it is relevant to the patent application procedures with a view to determine the prior art in the specific field to which the invention relates.
What are the main parts of a patent application and their main functions?
The main parts of a patent application are
• the request, which contains the expression that a patent is sought and a number of details, such as the title of the invention, the name and address of the applicant, the details of the representative, if any, and the like;
• the specification, which contains the detailed description of the invention and must have the prescribed contents which must be presented in the prescribed order;
• the claim(s), which defines the matter for which protection is sought and determine the scope of the patent. Substance that is disclosed in the description but not contained in the claims becomes part of the public domain. As a general rule, each claim must be clear and concise, must be supported by the description and presented in the prescribed manner;
• the abstract, which merely serves the purpose of technical information; in particular, it will not be taken into account for the purpose of interpreting the claims.
What is an invention?
invention is a new process or also it can be a product that solves a technical problem.
The nature of invention in the meaning of doing something that has not been done before, may not be easily identified at any given time.
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
