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Steps such as naming inventors and applicants, and filing certified copies of priority documents can also be done centrally, and need not be repeated. The main advantage of proceeding via the PCT route is that the option of obtaining patents in a wide range of countries is retained, while the cost of a large number of applications is deferred.
Additionally, patentable materials must be novel, useful, and a non-obvious inventive step. [89] Patent applications filed at the world's major patent offices from 1980 to 2021. A patent is requested by filing a written application at the relevant patent office. The person or company filing the application is referred to as "the applicant".
The court noted that the statute explicitly defines a method patent to cover only the entirety of the method, and doesn't confer any rights in the individual steps that make up the method. [7] The European Patent Convention does not mention method patents (called process patents) so prominently, and the same applies to the TRIPS Agreement.
The issue of novelty often arises during patent examination, because of inadvertent and/or partial disclosures by inventors themselves prior to filing a patent application. [citation needed] Unlike the laws of most countries, the US patent law provides for a one-year grace period in cases of inventor's own prior disclosure. [28]
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]
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 ...
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