Week 4

Question 1

What lecture 4 is about?

Answer 1

1

Question 2

What is a novelty?

Answer 2

is a fundamental requirement in any examination as to substance and is an undisputed condition of patentability.

An invention shall be considered to be new if it does not form part of the state of the art. State of the art = everything made available to the public before the date of filing (priority)

Question 3

What it is state of art?

Answer 3

In principle, the state of the art shall be held to comprise everything made available to the public by means of written or oral description by use or in any other way.

The prior art is any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available. It is enough that someone, somewhere, some time previously has described or shown or made something that contains a use of technology that is very similar to your invention.

Question 4

1

Answer 4

scientific papers technical literature does in principle the publication of the invention, the scientific journal, its presentation in a conference, even its display in accompanies catalog, would all constitute acts that could destroy the novelty of the invention, and render it not patentable.

Question 5

1

Answer 5

They are usually published after 18 months from filing date becoming records in the patent database.

Question 6

What it is a patent database?

Answer 6

Patent databases are considered our most powerful source of the information about the prior art. By the way, approximately 80 percent of the information which can be found in a patent is not available anywhere else, incomparable detail. So, this is a very powerful source of the information.

Question 7

1

Answer 7

The invention made available to the public anywhere in the world in written form, by oral communication, by display or through use constitutes the prior art.

Question 8

Mixed novelty

Answer 8

1

Question 9

Disclosure of an invention

Answer 9

written disclosure:
- by a description of the invention in published writing or in another form
oral disclosure:
by a description of the invention in spoken words uttered in public
disclosure by use:
by the use of the invention in public, or by putting the public in a position that enables any member of the public to use it

Question 10

What it is written disclosure?

Answer 10

1

Question 11

What it is oral disclosure?

Answer 11

1

Question 12

What it is disclosure by use?

Answer 12

1

Question 13

What is the degree of disclosure?

Answer 13

one feature should be not know. this means that at least one feature should be kept secret.

Question 14

What must a patent application for a novelty item be, to be considered patentable?

Answer 14

State of the art

Question 15

How long after a patent application is made do the details of the Patent become disclosed on the patent database?

Answer 15

18 months

Question 16

What is considered to be prior art in an application?

Answer 16

Anything which has already been presented

Question 17

How many features of a must be known to be capable of protection under Patent law?

Answer 17

At least one feature ie the chemical make up of a product

Question 18

What does a non-disclosure agreement do?

Answer 18

It allows the development of a product to proceed without the patentability aspect being disclosed prior to an application

Question 19

What is considered to be the priority date for a patent application?

Answer 19

It is the date which the application is first filed at the Patent Office

Question 20

How long after the priority date does protection last for the applicant?

Answer 20

12 months

Question 21

What can the applicant do during this time?

Answer 21

He can choose which countries he wants the patent to be valid in.

He can change or add to the application.

Question 22

What is the National Treatment Rule?

Answer 22

It is the rule under which the Priority Date protection is offered to the applicant.

Question 23

Who benefits from the National Treatment rule?

Answer 23

The first applicant for the patent.

Question 24

What are the 3 steps the EPO take to determine whether or not to issue a patent in this classification?

Answer 24

1 Identify the closest Prior Art
2 Asses the technical results
3 Asses the technical problem it resolves

Question 25

If an applicant to a patent shows inventiveness but with a prior art product does he have patentability?

Answer 25

No

Question 26

If an invention which is the subject of a patent application does not do what is claimed in the application will it be patentable?

Answer 26

No

Question 27

What is considered to be a utility Patent?

Answer 27

It is an invention which does not have an industrial function

Question 28

Can a patent be granted for a theoretical phenomenon?

Answer 28

No, the invention must provide some practical benefit and be useful