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A regional patent application is one which may have effect in a range of countries. The European Patent Office (EPO) is an example of a regional patent office. The EPO grants patents which can take effect in some or all countries contracting to the European Patent Convention (EPC), following a single application process.
The Court ruled, "... a process patent in the chemical field, which has not been developed and pointed to the degree of specific utility, creates a monopoly of knowledge which should be granted only if clearly commanded by the statute." [15] Practical or specific utility is the requirement for an invention to have a particular purpose. [15]
The long history of patents and strong protection of patent holders contributes to abuse of the system by patent trolls, which are largely absent in other countries. [ citation needed ] The US also has an extensive body of case law comprising federal court precedents that have accumulated over more than 200 years.
Judging patentability is one aspect of the official examination of a patent application performed by a patent examiner and may be tested in post-grant patent litigation. Prior to filing a patent application, inventors sometimes obtain a patentability opinion from a patent agent or patent attorney regarding whether an invention satisfies the ...
The modern French patent system was created during the Revolution in 1791. [19] Patents were granted without examination since inventor's right was considered as a natural one. Patent costs were very high (from 500 to 1,500 francs). Importation patents protected new devices coming from foreign countries.
The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", to achieve a proper balance between the incentive provided by the patent system, namely encouraging innovation, and its social cost, namely conferring temporary monopolies. [4]
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