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Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection.
The non-obviousness criterion can be easily met, if a claim is based on a discovery of new natural phenomenon/principle/law. In the patentable subject matter analysis, however, this "discovery" is assumed to be prior art, and an "additional inventive concept" must be present in the claim. [10]
The patent laws usually require that, for an invention to be patentable, it must be: Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection (also called "statutory patentable subject-matter") Novel (i.e. at least some aspect of it must be new) Non-obvious (in United States patent law) or involve an inventive ...
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]
Not all inventions are patentable. Patent laws generally require that an invention fulfill the following conditions, known as the requirements or conditions of patentability: [15] Patentable subject matter: The invention must fall within the scope of patentable subject matter as defined by national law. This varies from one country to another.
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 (Novelty requirement) of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made ...
The SCOTUS under William O. Douglas developed case law on non-obviousness (see flash of genius) and subject matter eligibility to limit proliferation of weak patents. 1952. Fifth Patent Act codified US patent law into Title 35 of the U.S. Code including previous case law on non-obviousness. 1980.
The Patent Act (R.S.C., 1985, c. P-4) [1] makes explicit reference to a "person skilled in the art" in the s. 28.3 requirement that the subject matter of a patent be non-obvious. 28.3 The subject-matter defined by a claim in an application for a patent in Canada must be subject-matter that would not have been obvious on the claim date to a ...
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