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Novelty
Fichas del conjunto (17)
- 1Novelty - LegislationPA s.1
PA s. 2
An invention shall be taken to be new if it does not form part of the state of the art. The state of the art of an invention comprise all matter which has at any time before the priority date of that invention been made available to the public. - 2How many type of Novelty are there? List which country belong to them.Absolute Novelty - UK & EPC
Relative Novelty - used to be US & China
Local Novelty - New Zealand - 3What is the requirement of Novelty?Enablement and Disclosure.
- 4What does it mean when an invention is anticipated by an prior art?State of the art anticipated if it provides enabling disclosure.
Prior Art will disclose a patent if it reveals subject matter, if performed, would infringe the patent.
Enablement means if the invention can be performed by a PSA after following the recipe. - 5Lux Traffic v Pike SignalsWhen prior use is concerned, there is no need for a PSA to actually examine the invention.
- 6Sython v SmithKlineAccording to Lord Hoffmann,
enablement and disclosure are 2 different concepts.
“Enablement means that the ordinary skilled person would have been able to perform the invention which satisfies the requirement of disclosure.” - 7When will a document be construed?Publication Date
- 8What does enablement mean?"Enablement means the PSA would have been able to performed the invention which satisfies the requirement of disclosure."
Lord Hoffmann
Synthon v Smithkline - 9What is the definition of Mosaicing?For determining novelty each document must be interpreted on its onward so not allowed to piece together prior documents to destroy novelty.
But where a series of a paper refer to each other so that a person reading one can find each of the others, this is not an impermissible mosaic and can be used to attack novelty. - 10When is novelty being judged?The date of filing (or Priority Date)
- 11When will a prior art documents construed? (Non-patent)Publication date
- 12When will a prior art documents construed? (Patent)Priority Date
- 13How is the prior art construed?1. The disclosure must be enabling
2. The invention must therefore be disclosed clearly and unmistakably.
3. It may also be clear and unambiguously implied in the disclosure. - 14Is unpublished patent applications count as part of the state of the art?Yes,
(a) If that matter was contained in the application for that other patent both as filed and as published.
(b) the priority date of that matter is earlier than that of the invention.
PA s.2(3) - 15What is the excluded disclosure?1. Obtained unlawfully or disclosed by breach of confidence 6 months before the filing date in the UK or EU.
2. Recognised International Exhibition
(PA s.4 a) - 16Is there any other cases that does not contribute to disclosure?If a prototype had been displayed in private and the people who actually saw it but did not understand what they were seeing, no disclosure would have taken place.
- 17What is the requirements for patentablility?PA s.1
A patent shall be grant if
(a). novel
(b). Involved in inventive step
(c) Capable of industrial Application
(d) it is not exluded.
Información
- Descripción
- MSc (Patentability) Patent Law Fichas sobre Novelty, creado por Jasmine Law el 22/04/2015.
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- Jasmine Law
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