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A standard patent application is a patent application containing all of the necessary parts (e.g. a written description of the invention and claims) that are required for the grant of a patent. A standard patent application may or may not result in the grant of a patent depending upon the outcome of an examination by the patent office it is ...
An application consists of a description of the invention (the patent specification), together with official forms and correspondence relating to the application. Divisional patent application – type of patent application which contains matter from a previously filed application (the so-called parent application). Whilst a divisional ...
When a patent application is published, the invention disclosed in the application becomes prior art and enters the public domain (if not protected by other patents) in countries where a patent applicant does not seek protection, the application thus generally becoming prior art against anyone (including the applicant) who might seek patent ...
An "invention" is obvious (and therefore ineligible for a patent) if a person of "ordinary skill" in the relevant field of technology would have thought the technology was obvious, on the filing date of the patent application. Legislatively the requirement for non-obviousness was established in the Patent Act of 1952. Specifically, 35 U.S.C ...
The European Patent Convention does not mention method patents (called process patents) so prominently, and the same applies to the TRIPS Agreement. The prime characteristic of process patents in these treaties is that "the protection conferred by the patent shall extend to the products directly obtained by such process". [ 8 ]
The America Invents Act, signed by Barack Obama on 16 September 2011, [6] switched the U.S. right to the patent from a "first-to-invent" system to a "first-inventor-to-file" system for patent applications filed on or after 16 March 2013 and eliminated interference proceedings.
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