Week 4 Flashcards
Patentability requirements II. Exceptions from patentability. Inventive step. Industrial application. Discoveries and non-patentable solutions. Exclusions due to contradiction with public order and morality
What lecture 4 is about?
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What is a novelty?
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)
What it is state of art?
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.
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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.
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They are usually published after 18 months from filing date becoming records in the patent database.
What it is a patent database?
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.
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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.
Mixed novelty
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Disclosure of an invention
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
What it is written disclosure?
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What it is oral disclosure?
1
What it is disclosure by use?
1
What is the degree of disclosure?
one feature should be not know. this means that at least one feature should be kept secret.
What must a patent application for a novelty item be, to be considered patentable?
State of the art
How long after a patent application is made do the details of the Patent become disclosed on the patent database?
18 months
What is considered to be prior art in an application?
Anything which has already been presented
How many features of a must be known to be capable of protection under Patent law?
At least one feature ie the chemical make up of a product
What does a non-disclosure agreement do?
It allows the development of a product to proceed without the patentability aspect being disclosed prior to an application
What is considered to be the priority date for a patent application?
It is the date which the application is first filed at the Patent Office
How long after the priority date does protection last for the applicant?
12 months
What can the applicant do during this time?
He can choose which countries he wants the patent to be valid in.
He can change or add to the application.
What is the National Treatment Rule?
It is the rule under which the Priority Date protection is offered to the applicant.
Who benefits from the National Treatment rule?
The first applicant for the patent.
What are the 3 steps the EPO take to determine whether or not to issue a patent in this classification?
1 Identify the closest Prior Art
2 Asses the technical results
3 Asses the technical problem it resolves
If an applicant to a patent shows inventiveness but with a prior art product does he have patentability?
No
If an invention which is the subject of a patent application does not do what is claimed in the application will it be patentable?
No
What is considered to be a utility Patent?
It is an invention which does not have an industrial function
Can a patent be granted for a theoretical phenomenon?
No, the invention must provide some practical benefit and be useful
