The Different Requirements for Patentability
- 1. “REQUIREMENTS FOR PATENTABILITY” Vision Statement: “An Intellectual Property-conscious Philippines in a Demystified, Development-oriented, and Democratized IP System by 2020”
- 2. • A temporary monopoly granted to an inventor by the government in return for disclosing an invention. •The exclusive right to exploit the invention for 20 years from the filing date, i.e. to make, use, sell an invention. PATENT
- 3. ANY TECHNICAL SOLUTION OF A PROBLEM IN ANY FIELD OF HUMAN ACTIVITY NEW or NOVEL (Not previously PUBLISHED OR DISCLOSED in any form, anywhere in the world) INVENTIVE STEP (Not obvious to a person skilled the art) PRACTICAL USE IN THE INDUSTRY (Real Life Benefit) WHAT IS INVENTION?
- 4. Statutory Classes of Inventions: ▪A product, such as a machine, a device, an article of manufacture, a composition of matter, a microorganism ▪A process, such as a method of use, a method of manufacturing, a non-biological process, a microbiological process ▪Computer-Related inventions; and ▪An improvement of any of the foregoing
- 5. Non-Patentable Inventions: ▪Discoveries, scientific theories, and mathematical methods, a law of nature, a scientific truth, or knowledge as such; ▪Abstract ideas or theories, fundamental concepts apart from the means or processes for carrying the concept to produce technical effect; ▪Schemes, rules, and methods of performing mental acts and playing games; ▪Method of doing business, such as a method or system for transacting business without the technical means for carrying out the method or system; ▪Programs for computers;
- 6. Non-Patentable Inventions: ▪Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and compositions for use in any of these methods; ▪Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to microorganism and non-biological and microbiological processes; ▪Aesthetic creations; and ▪Anything which is contrary to public order, health, welfare, or morality, or process for cloning or modifying the germ line genetic identity of humans or animals or uses of the human embryo.
- 7. 3 BASIC REQUIREMENTS OF PATENTABLE INVENTION 1.) NOVELTY - NEWNESS 2.) INVENTIVE STEP – INVENTIVENESS/ NOT OBVIOUS 3.) INDUSTRIALAPPLICABILITY - USAGE
- 8. NEW (NOVEL) Section 21 of R.A. 8293 Requires that an invention be:
- 9. (Sec. 23, R.A.8293) An invention shall not be considered new if it forms part of a prior art. TEST OF NOVELTY
- 10. PRIOR ART What is a “Prior Art”? - everything made available to the public by means of:
- 11. DISCLOSURES considered as PRIOR ART 2009 2010 2011 2012 2013 2014 2008 Everything made available to the public before the date of filing Filing date 1/25/2012 1 year grace period (non-prejudicial disclosure)
- 12. GRACE PERIOD or NON PREJUDICIAL DISCLOSURE If you have already disclosed or published your inventions in a journal, demonstrate, sell or discuss your invention in public, you can still file a patent within One (1) year from the date of disclosure or publication.
- 13. - If you publish your inventions in a journal, newspaper, library, internet or demonstrate, sell or discuss your invention in public before you file a patent application, you cannot get a patent for lacking novelty.
- 14. DISCLOSURES 2009 2010 2011 2012 2013 2014 2008 Everything made available to the public before the date of filing Filing date 1/25/2012 1 year grace period (non-prejudicial disclosure)
- 15. WHY do we examine for novelty? Is it logical to grant a patent for something which is already known? An application filed yesterday A light bulb as it has been known and used
- 16. What does “new” mean? KNOWN INVENTION (PRIOR ART) NEW PATENT APPLICATIO N NEW PATENT APPLICATIO N
- 17. What does “new” mean? NEW PATENT APPLICATIO N KNOWN INVENTION (PRIOR ART)
- 18. TEST of NOVELTY/NEWNESS A paper holder having a metal plate (1) bent to have a triangular cross-section, a pincher with two lips (2, 2’) at its mouth and two circular hinges (3, 3’) , an intermediate semicircular hinge hook (4, 4’), and two press handles (5, 5’) bent to have a curve portion and two leg portions (6, 6’) provided with a bent outward foot (7, 7’).
- 20. GENERIC DISCLOSURES Application 1. metal 2. Aluminum 3. Bolt & Nut Prior Art 1. Aluminum 2. metal 3. fastening means 5. 50 deg.C 5. 25-75 deg.C SPECIFIC DISCLOSURES ARE NOVEL OVER GENERIC DISCLOSURES! MUST HAVE DISTINCT TECHNICAL EFFECT 4. fastening means 4. screw Novelty x √ √ x √
- 21. EQUIVALENTS ❖ A can made of zinc ❖ A can made of aluminum If something is equivalent to what is claimed, it is visibly not the same thing. To employ an equivalent to what is disclosed would signify obviousness, not a question of novelty.
- 22. □ NOVEL □ INVENTIVE STEP Section 21 of R.A. 8293 Requires that an invention be:
- 23. TEST OF INVENTIVE STEP An invention involves an inventive step, if having regard to prior art: □ it is not obvious to a person skilled in the art. (Sec. 26, R.A.8293)
- 24. OBVIOUSNESS Invention is shown combining multiple prior art references or any difference over single reference is obvious. Invention: A, B, and C Prior Art reference “1”: A, B Prior Art reference “2”: C Examiner: “To combine 1 and 2 would have been obvious to a person skilled in the art”.
- 25. HYDRAULIC RAM APPLICATION PRIOR ART Examples of Test for INVENTIVE STEP 90º LONG RADIUS ELBOW Obvious ba?
- 26. Examples of Test for INVENTIVE STEP KNOWN INVENTION (PRIOR ART) NEW PATENT APPLICATIO N
- 27. EXAMPLE Coffee Cup Problem: The ear-like handles of coffee cups are often quite slippery. You can therefore easily drop the cup. The result can be a stained carpet, table cloth, wooden floor… Such coffee stains are usually very difficult or impossible to remove completely.
- 28. Solution: Rubber is used as material for the handle. This increases the friction between the handle and the fingers of the user. Claim: Coffee cup with an ear-like handle characterized in that the handle is made of rubber. EXAMPLE
- 29. PRIOR ARTS COFFEE CUP WITH EAR- SHAPED HANDLE WITH EAR-LIKE RUBBER HANDLES THAT REDUCES ITS TEMP. THERMOS BOTTLE WITH A RUBBER-COVERED HANDLE
- 30. OBVIOUS CREATIONS THE CREATOR IS A BEER DRINKER WHO ALWAYS FIND IT HARD TO OPEN A BOTTLE OF LIQUOR DURING DRINKING SESSIONS.
- 31. OBVIOUS CREATIONS NEXT CREATION WAS CONCEIVED BY AN OFFICE WORKER WHO ALWAYS FIND IT HARD TO CARRY A SAUCER OR DISPENSER BISCUIT DURING COFFEE BREAK.
- 32. OBVIOUS CREATIONS NEXT CREATION IS AN ECONOMICAL KITCHEN UTENSILS INTENDED TO BE USED BY PEOPLE ON-THE-GO
- 33. OBVIOUS CREATIONS NEXT CREATION IS FOR PIZZA LOVERS.
- 34. OBVIOUS CREATIONS NEXT CREATION IS FOR THOSE WHO ARE INTO WEIGHT LOSS OR DIETING.
- 35. INDUSTRIAL APPLICABILITY An invention that can be produced and used in any “industry” shall be industrially applicable. (Sec. 27 R.A. 8293)
- 36. WHAT is industry? Includes all manufacturing, extracting and processing activities of enterprises that were carried out continuously, independently and for commercial gain. "Industry" need not however have been conducted for profit -- and a product which was shown to be useful to cure a rare disease could be considered capable of industrial application even if it had never been intended for use in trade at all.
- 37. LACK OF INDUSTRIAL APPLICABILITY METHODS OF CONTRACEPTION ARE NOT INDUSTRIALLY APPLICABLE PERPETUAL MOTION MACHINE A GHOST CATCHER PROCESS OF A ROOT CLEANING AND BORING CANAL A METHOD OF SMOKING