Inventive Step

In many laws, the inventive step requirement means that a claimed invention shall not be obvious to a person skilled in the art at the time of the filing date (or, where applicable, priority date), or at the time the invention was made, in view of the prior art. In some countries, instead of the expression “obvious” (or “non-obvious”), expressions such as “inventions which could have been easily made” or “[an invention] having prominent substantive features and representing...

TRIPS Agreement

The TRIPS Agreement contains the national treatment principle and the most-favored-nation principle. The latter principle provides that any advantage, favor, privilege or immunity granted by a Member to the nationals of any other country (whether a Member or not) shall be accorded immediately and unconditionally to the nationals of all other Members, with certain specified exemptions. As is the case for national treatment, procedures provided in multilateral agreements concluded...

The Budapest Treaty

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure Disclosure of the invention is a requirement for the grant of patents. Normally, an invention is disclosed by means of a written description. Where an invention involves a microorganism or the use of a microorganism, disclosure is not always possible in writing but can sometimes only be effected by the deposit, with a specialized institution, of a sample...

35 USC 102 explained

"35 USC 102(a) THE INVENTION WAS KNOWN OR USED BY OTHERS IN THIS COUNTRY,OR PATENTED OR DESCRIBED IN A PRINTED PUBLICATION IN THIS OR A FOREIGN COUNTRY, BEFORE THE INVENTION THEREOF BY THE APPLICANT FOR PATENT"102(a) defines that US is a first to invent country and you are not going to get a patent if your invention was known (in written form usually) or used by others (practiced) by others in USA before date of invention, and if it was patented or was described in printed...

Exceptions and Limitations of the Rights of patent - Top countries

USA 1. Solely for uses reasonably related to the development and submission of information under the Federal law which regulates the manufacture, use or sale of drugs and veterinary biological products, other than those products primarily manufactured using certain genetic manipulation techniques. 2. Certain uses concerning foreign vessels, aircraft or vehicles which temporarily or accidentally enter national territory. 3. As regards business method patents, continued...

The Scope Of Background Section

For the patent filing in US, it is good practice to minimize the amount of information provided in the Background section of a patent application. The field of invention section is very important as if you leave this field broad , the scope can be interpreted to include more art than is actually applicable, thereby opening the patent application to obviousness rejections. an if u leave that field defined narrowly, then the associated claims may be interpreted too narrowly....

Exclusion From Patentable Subject Matter: Japan & UK

Japan 1. Inventions contrary to public order, morality or public health. 2. Methods for the treatment of humans.  United Kingdom 1. Discoveries, scientific theories and mathematical methods. 2. Literary, dramatic, musical and artistic works. 3. Aestheticcreations. 4. Schemes, rules and methods for performing mental acts, playing games or doing business. 5. Computer programs.  6. Presentation of information. 7. Therapeutic, surgical and diagnostic methods for...

Exclusions from Patentable Subject Matter - India

The exclusion from Patentable Subject Matter for India Patent Office are: 1. Inventions which are frivolous or obviously contrary to well established natural law. 2. Inventions use or commercial exploitation of which is contrary to law or morality or causes serious prejudice to human, animal, or plant life or health or to the environment. 3. Discoveries of a scientific principle or formulation of an abstract theory or discovery of any living thing or non- living substance...

Prior art definition: Top Countries

United States of America  1. An invention which was known or used by others in US, or patented or described in a printed publication in US or a foreign country, before the invention by the applicant; 2. An invention which was patented or described in a printed publication in US or a foreign country or in public use or on sale in US, more than one year before the filing date; 3. An invention abandoned by the applicant; 4. An invention which was patented, or was...