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An invention disclosure, or invention disclosure report, is a confidential document written by a scientist or engineer for use by a company's patent department, or by an external patent attorney, to determine whether patent protection should be sought for the described invention. [1] It may follow a standardized form established within a ...
Therefore, it is important to keep and maintain records that help establish who is first to invent a particular invention. The inventor's notebook (also called a journal, lab book or log book) is a systematic device for recording all information related to an invention in such a way that it can be used to develop a case during a patent ...
The information submitted in an IDS typically includes other issued patents, published patent applications, scientific journal articles, books, magazine articles, or any other published material that is relevant to the invention disclosed in the applicant's own patent application, irrespective of the country or language in which the published material was made.
A provisional application includes a specification, i.e. a description, and drawing(s) of an invention (drawings are required where necessary for the understanding of the subject matter sought to be patented [2]), but does not require formal patent claims, inventors' oaths or declarations, or any information disclosure statement (IDS).
Article 83 of the European Patent Convention (EPC) [1] relates to the disclosure of the invention under the European Patent Convention.This legal provision prescribes that a European patent application must disclose the invention (which is the subject of the European patent application) in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
In order to reduce the impact of non-obviousness on patentability, to eliminate the flash of genius test, and to provide a more fair and practical way to determine whether the invention disclosure deserves a patent monopoly, the Congress took the matter in its own hands and enacted the Patent Act of 1952 35 U.S.C. Section § 103 reads:
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