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While in the U.S. all patent applications are considered to cover inventions automatically, in Europe a patent application is first submitted to a test whether it covers an invention at all: the first out of four tests of Article 52(1) EPC (the other three being novelty, inventive step, and industrial applicability). So an "invention" in ...
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting from a patented technology without the consent of the patent ...
An invention must meet several requirements to be eligible for a patent. The invention must concern patentable subject matter. [5] The invention must be novel and the application for a patent on the invention must be timely. [6] The invention must be non-obvious. [7] Finally, the invention must be sufficiently documented. [8]
For example, many inventions are improvements of prior inventions that may still be covered by someone else's patent. [1] If an inventor obtains a patent on improvements to an existing invention which is still under patent, they can only legally use the improved invention if the patent holder of the original invention gives permission, which ...
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification [notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the ...
In US patent law, non-obviousness is one of the requirements that an invention must meet to qualify for patentability, codified as a part of Patent Act of 1952 as 35 U.S.C. §103. An invention is not obvious if a " person having ordinary skill in the art " (PHOSITA) would not know how to solve the problem at which the invention is directed by ...
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