Week 6 Flashcards
From filing application to patent expiration. Patent documents. Prior art search. Filing date. Unity of invention. Formal examination. Search report. Substantive examination. Patent termination (revocation, lapse).
What is lecture 6 about?
From filing an application to patent expiration. Patent documents. Prior art search. Filing date. Unity of invention. Formal examination. Search report. Substantive examination. Patent termination (revocation, lapse).
The module of granting a patent (EPC validation):
1) invention
2) Application
3) Formal investigation, search report
4) publication of applicaton
5) Substantive examination
6) Grant (or rejection and publicaton)
the first step in the patent grant procedure is the examination on filing,
the examination of filing involves checking whether all the necessary information and documentation has been provided so that the application may be proceeded and can be occurred at the date of filing.
then we have a search report in other words preliminary report on the state of the art, usually prepared by the separate search division, where the formalities examination is being carried out as search report is drawn up, listing all the documents available that may be relevant to assessing novelty and inventive step.
search report
hen we have a search report in other words preliminary report on the state of the art, usually prepared by the separate search division, where the formalities examination is being carried out as search report is drawn up, listing all the documents available that may be relevant to assessing novelty and inventive step.
publication of the application
The application is published usually together with the search report and usually after 18 months of the date of the first filing of the patent application or if priority was claimed the earliest priority date. then we have a grant of the patent decision.
if the Patent Office decides that the pattern can be granted it issues the decision to that effect. the pattern can be rejected which is also confirmed in the form of decision that could be the subject to appeal.
the patent application is consisting
- Request
- Specification/Description
- Drawings
- Abstract
- Claims
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The disclosure of the invention to the public is one of the most important aspects of the patentability, essentially States grand inventor a patent right only if the invention is sufficiently disclosed in the application, claiming patent grant normally for twenty years, in return for this time-limited rights the application must disclose the invention in a manner sufficiently clear for the invention to be carried out by person skilled in the art.
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the technical disclosure is normally made available to the public 18 months after the application is filed
the person skilled in the art
The application must disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the specific technical field
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the disclosure of the invention in exchange for patent protection is also known as the patent deal or bargain, it means a sort of a contract between the applicant who will be the holder of the patent and on the other side the society more widely which will benefit from the disclosure, of so far unknown information.
The content of the description (specification)
- the indication of the technical field
- short description of the background art which discloses the invention, as claimed
- a brief description of the figures in the drawings
- an example of an industrial application
- at least one way of carrying out the invention claimed
- explicit indication of the way in which the invention is industrially applicable
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1) Examination on filing and formalities examination
2) Search report
3) Publication of application
4) Substantive examination
5) Grant of a patent
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The public must be informed of the content of the application, and this is done by the Patent Office by the publication of a notice in an official journal or gazette to the effect that:
- the application is open to public inspection;
- the patent office will unless opposition field within a prescribed period, grant a patent
- a patent has been granted on the application
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The provisional patent application is intended to be a relatively low-cost entry point to the patent system. After having to field a provisional application, the applicant has then up to a year before he has to file the full patent application.
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- provisional patent applications generally do not undergo substantive examination
- the official filing fees are lower than the fees requested for a full patent application.
The International Patent Classification
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COOPERATIVE PATENT CLASSIFICATION
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8 sections 20 subsections 118 classes 624 subclasses and over 68000 groups
(of which approximately 10% are “main groups” and the remainder are subgroups”
The IPC codes also serve as:
- an instrument for the orderly arrangement of patent documents in order to facilitate access to the information contained therein
- a basis for selective dissemination to information to all users of patent information
- a basis for investigating the state of the art in given fields of technology
- a basis for the preparation of industrial property statistics which in turn permit the assessment of technological development in various areas.
What it is the grace period ?
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What is the first step in filing an application for a Patent called?
The Examination on Filing
What does The Examination on filing seek to achieve?
It checks that all of the necessary documentation and information has been filed to proceed with the Patent application
What does the Search Division of the Patent Office do?
They carry out a formal examination of all of the documents and draw up a Search Report taking the application to the next stage
How long from the Search Report does it normally take for an application to be granted or denied?
18 months
If granted how long does a patent grant last for?
Twenty years
When a patent is granted how must an Inventor disclose the details of the invention?
The details must be disclosed in such a manner that it is sufficiently clear for the invention to be carried out by a person skilled in the art.
When a patent is granted then there is disclosure of the patent details what is this known as?
The Patent Deal
What is a CPC?
Cooperative Patent Classification
Why is an IPC periodically revised?
To take into account technological development
What are the 8 categories of the IPC patent system?
1 Human necessities 2 Performing operations 3 Chemistry and metallurgy 4 Textiles and paper 5 Fixed constructions 6 Mechanical, engineering, lighting, heating, weapons, blasting 7 Physics 8 Electricity
What is the grace period?
It is time between the granting of the patent and prior to disclosure of the details
What time is allowed for the grace period?
Between 6 and 12 months depending upon the country, the application is filed in
What is the date of Conception?
It is the first date that the inventor first conceived of the complete invention
What is the date of actual reduction to practice?
It is when the inventor build the first working model or prototype
What is the date if constructive Reduction to practice?
It is the date the inventor filed the patent application
Can a Patent be revoked?
Yes
On what grounds could this happen?
- If patentability requirements are not met
2 If the invention has not been presented clearly enough
3 If the invention goes beyond the scope of the application
4 The applicant is not entitled to make the application
