Conditions for Granting Patent (2)Inventiveness:non-obviousness (US),inventive step (European Patent Convention) 日 Graham Obviousness Inquiry: Define the scope of current technology Difference existing btw.invention and current technology? >whether the difference is obvious to the normal technical people in this field > Other factors such as whether the invention has solved the industrial problem,or commercial success etc. 同濟大学 TONGJI UNIVERSITY
Conditions for Granting Patent (2) Inventiveness: non-obviousness (US), inventive step (European Patent Convention) Graham Obviousness Inquiry: ¾ Define the scope of current technology ¾ Difference existing btw. invention and current technology? ¾ whether the difference is obvious to the normal technical people in this field ¾ Other factors such as whether the invention has solved the industrial problem, or commercial success etc
Sample of Inventions Diesel Engine Screw MP3 w… oi gsel. 同海大学 TONGJI UNIVERSITY
Sample of Inventions Diesel Engine Screw MP3
Conditions for Granting Patent (3)Practical Applicability Development: Case Lowell v.Lewis,1871 Judge Story If a patent is of no practical applicability,it will be put aside by the society,the patent office only needs to check the minimum requirement,namely,not to violate the social ethics Case Brenner v.Manson,1966 Supreme Court: Patent should have be commercially useful,especially to medicine ▣ Case In re Brana,CAFC(Circuit Appellate Federal Court), 1995: too strict definition abt.Practical Applicability could hinder research and tech.development In fact,only 3%-5%of the patent can be applied in production 同济大学 TONGJI UNIVERSITY
Conditions for Granting Patent (3) Practical Applicability Development: Case Lowell v. Lewis, 1871 Judge Story If a patent is of no practical applicability, it will be put aside by the society, the patent office only needs to check the minimum requirement, namely, not to violate the social ethics Case Brenner v. Manson, 1966 Supreme Court: Patent should have be commercially useful, especially to medicine Case In re Brana, CAFC (Circuit Appellate Federal Court), 1995: too strict definition abt. Practical Applicability could hinder research and tech. development In fact, only 3%-5% of the patent can be applied in production
Conditions for Granting Patent (4)Design Patent A design patent protects the aesthetic creations of the outer appearance, attractive shape of industrial products. Design must (Italian Sofa,Glasses) be novel,art-looking and have an individual character conforming the law(no conflict with prior right) 同源大学 TONGJI UNIVERSITY
Conditions for Granting Patent (4) Design Patent A design patent protects the aesthetic creations of the outer appearance, attractive shape of industrial products. Design must (Italian Sofa, Glasses) ¾ be novel, art-looking and ¾ have an individual character ¾ conforming the law (no conflict with prior right)
Conditions for Granting Patent Article 23.Any design for which patent right may be granted must not be identical with or similar to any design which,before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country,and must not collide with any legal prior rights obtained by any other person. 同濟大学 TONGJI UNIVERSITY
Conditions for Granting Patent Article 23. Any design for which patent right may be granted must not be identical with or similar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not collide with any legal prior rights obtained by any other person