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Legal protection of inventions SECTION 2. PATENTABILITY OF INVENTIONS Article 6. Conditions for patentability of an invention SECTION 3. SUBJECTS OF THE RIGHT IN AN INVENTION Article 7. (...) Application An application for an invention shall relate to a single invention or a group of inventions, so linked as to form a single inventive concept (requirement for unity of invention).
Language:English
Score: 1140148 - https://www.wto.org/english/th...e/tjk_e/WTACCTJK6A1_LEG_13.pdf
Data Source: un
Having regard to the economic value of the invention, the patent owner shall be paid 2 equitable remuneration for the said exploitation. (...) The authorization to exploit an invention shall be non-exclusive. Where the authorization to exploit a patented invention is granted to a natural or legal person authorized by the Government of the Republic of Lithuania, it may only be transferred with the transfer of the said person’s enterprise or business, or that part of the enterprise or business, in which the patented invention may be exploited. (...) The patent owner shall be notified of the resolution to grant the authorization to exploit the patented invention as soon as possible. If, before starting the exploitation of the patented invention for non-commercial purposes in the public interest, the Government of the Republic of Lithuania knew or had reasonable grounds to know that the patented invention was being exploited or is to be exploited by a public authority, or a natural or legal person authorized by the Government of the Republic of Lithuania, the patent owner shall be forthwith informed thereof. 3 Where the authorized exploitation of a patented invention (“second patent”) is not possible without the infringement of the other patent (“first patent”), the following conditions shall apply: 1) an invention patented by the second patent shall involve a significant technical progress and shall have substantial economic significance in relation to the first patented invention; 2) the owner of the first patent shall have the right to a cross-licence to be able to exploit the invention patented by the second patent under reasonable conditions; 3) the authorization to exploit the invention patented by the first patent shall be non- assignable, except for the cases which shall also involve the assignment of the second patent.
Language:English
Score: 1129793.2 - https://www.wto.org/english/th...c_e/ltu_e/WTACCLTU45_LEG_4.pdf
Data Source: un
The following inventions and discoveries are not registrable: 1- A financial chart. 2- An invention or Discovery complementing another invention or discovery which is repugnant to chastity, public order or is in contradiction to the public hygiene or environment. 3- Drug formulae. (...) New Invention or Discovery Article 16: Any Invention or Discovery complementing the existing invention or discovery which has already been published in the mass media and / or used prior to the date of application for registration inside or outside Afghanistan shall be deemed as a new invention or discovery. (...) Using complementary Invention or Discovery in lieu of the Original Invention or Discovery Article 19: Where the application for the complementary Invention or Discovery is a person other than the inventor or discoverer, he cannot register the complementary Invention or Discovery for using the original Invention or Discovery.
Language:English
Score: 1128698.2 - https://www.wto.org/english/th..._e/afg_e/WTACCAFG7A1_LEG_3.pdf
Data Source: un
New Invention or Discovery Article 16: Any Invention or Discovery complementing the existing invention or discovery which has already been published in the mass media and / or used prior to the date of application for registration inside or outside Afghanistan shall be deemed as a new invention or discovery. (...) Using complementary Invention or Discovery in lieu of the Original Invention or Discovery Article 19: Where the application for the complementary Invention or Discovery is a person other than the inventor or discoverer, he cannot register the complementary Invention or Discovery for using the original Invention or Discovery. (...) Chapter 3 Alteration or Complementation of Invention or Discovery Alteration or Complementation Article 25: 1) Any alteration or complementation of an Invention or Discovery taking place in the term of validity of the Invention or Discovery form shall be subject to the provisions of Article 10 and 24 of the present Law. 2) For alteration or complementation of an Invention or Discovery, an Invention or Discovery form shall be issued for the complementation of the original form.
Language:English
Score: 1128486.8 - https://www.wto.org/english/th...e/afg_e/WTACCAFG5A1_LEG_17.pdf
Data Source: un
Engelhard Patentability criteria Geneva October 27 2015 final [Kompatibilitätsmodus] Patentability criteria and their application to pharmaceutical, medical and biotech inventions Dr. Markus Engelhard German Patent Attorney and European Representative, München Geneva, October 27, 2015 2 engelhard@boehmert.de Patentability requirements Patents are granted: for inventions, in all fields of technology, if - they are new , - Involve an inventive step / are non-obvious , - And are susceptible of industrial application 3 engelhard@boehmert.de Example EuropeExample Europe European Patents shall be granted for any inventions in all fields of technology provided that they are new involve an inventive step and are susceptible of industrial application . 4 engelhard@boehmert.de Example BrasilExample Brasil To be patentable an invention must meet the requirements of novelty, inventive activity and industrial application 5 engelhard@boehmert.de Exclusions & ExceptionsExclusions & Exceptions Activities which do not aim at any technical results. They are not inventions They are inventions but they have not been allowed for other reasons ExceptionsExclusions NON-PATENTABLE INVENTIONS 6 engelhard@boehmert.de "non -inventions“ Example Europe "non -inventions“ Example Europe The following in particular shall not be regarded as inventions: •(a) discoveries , scientific theories and mathematical methods; •(b) aesthetic creations ; •(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers ; •(d) presentations of information . 7 engelhard@boehmert.de "non -inventions“ Example India "non -inventions“ Example India The following are not inventions within the meaning of the Act: •(a) an invention which is frivolous or which claims anything obviously contrary to well established nat ural laws ; •(b) an invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health to the enviro nment ; •(c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of a ny living thing or non-living substances occurring in nature ; 8 engelhard@boehmert.de "non -inventions“ Example India "non -inventions“ Example India The following are not inventions within the meaning of the Act: •(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant . (...) 42 engelhard@boehmert.de Inventive step/non-obviousness Example Israel The invention does not appear obvious to an average skilled person in the light of information published before the filing/priority date 43 engelhard@boehmert.de Inventive step/non-obviousness Example Europe An invention involves an inventive step, if - having regard to the state of the art - it is not obvious to a person skilled in the art 44 engelhard@boehmert.de Inventive step/non-obviousness Example India A feature of an invention that involves technical advance As compared to the existing knowledge Or Having economic significance Or both And that makes the invention not obvious to a person skilled in the art 45 engelhard@boehmert.de Inventive step/non-obviousness Example China The invention has prominent substantive features and represents a notable progress as compared with the prior art.
Language:English
Score: 1127764.5 - https://www.wto.org/english/tr...ability_trilatworkshop15_e.pdf
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For example, a pharmaceutical invention shall be protected as an invention under a patent if it satisfies the worldwide novelty, inventive nature and is susceptible to industrial application.7 Firstly, the pharmaceutical invention shall meet the requirement of ‘novelty’. (...) The rights of the invention owner allow them to prevent the others from using and exploiting the protected invention. (...) Additionally, the invention owner is obligated to authorize the use of original inventions when satisfying the two following requirements: (i) where the owner of a dependent invention can prove his or her invention makes an important technical advance as compared with the original invention and has great economic significance; and (ii) where the owner of a dependent invention negotiates with the owner of an original invention about a reasonable price and commercial conditions.
Language:English
Score: 1126618 - https://www.wto.org/english/tr...s_e/2018/chapter_16_2018_e.pdf
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The following inventions and discoveries are not registrable: 1- A financial chart. 2- 3- An invention or Discovery complementing another invention or discovery which is repugnant to chastity, public order or is in contradiction to the public hygiene or environment. 4- 5- Drug formulae. (...) New Invention or Discovery Article 16: Any I invention or dDiscovery complementing the existing invention or discovery which has already been published in the mass media and / or used prior to the date of application for registration inside or outside Afghanistan shall be deemed as a new invention or discovery. (...) Using Ccomplementary Invention or Discovery in Llieu of the Original Invention or Discovery Article 19: Where the application for the complementary I invention or dDiscovery is a person other than the inventor or discoverer, he cannot register the complementary I invention or dDiscovery for using the original I invention or dDiscovery.
Language:English
Score: 1126433.9 - https://www.wto.org/english/th...c_e/afg_e/WTACCAFG21_LEG_4.pdf
Data Source: un
Inventive Step (Non-obviousness) - The invention is not “obvious” to “a person skilled in the art” [having regard to the prior art][from the state of the art]. - The invention could not “easily have been made” by “a person with ordinary skill in the art” on the basis of the prior art. (...) •Even if Application X has not been published before the filing date of Application Y, should it destroy the novelty of Application Y? How about inventive step? Application Y filed Application X filed Application X published Patentability criteria and patent procedures Filing date check Formality check IPC classification Publication of application Search Examination Amendments of application Publication of patent Registration [Opposition] Revocation • Office • Applicants • Third parties [Opposition] [Third party observation] 7 Chemical inventions Patent laws and regulations are technology neutral (chemical inventions are considered in the same light as other technical inventions).  Predictability in the art may be different in various technical fields The ability of a person skilled in the art to readily extrapolate known results/knowledge to the claimed invention.  In general, inventions in the fields of chemistry and biology is considered less predictable than mechanical or electrical inventions. (...) 8 Sufficiency of disclosure An applicant must disclose the invention in a sufficiently clear and complete manner for the invention to be carried out by a person skilled in the art.
Language:English
Score: 1125902.1 - https://www.wto.org/english/tr...iyamoto_trilatworkshop15_e.pdf
Data Source: un
Microsoft Word - ITEM33 The Law of Ukraine On Protection of Rights for Inventions and Useful Models Resume The Law of Ukraine “On Protection of Rights for Inventions and Useful Models” (hereinafter - “Law”) No 3687-XII dated December 15, 1993 and introduced since June 1, 1994 by the Decree of the Verchovna Rada of Ukraine “On Introduction of the Law of Ukraine “On Protection of Rights for Inventions and Useful Models” No3769-XII dated December 23, 1993. (...) Part II “Legal Protection of the Inventions (Useful Models)” includes the Articles 5 - 7 in which determined: - conditions of providing with legal protection of inventions (useful model); - objects of an invention and useful model; - objects that shall not be provided with legal protection; - term of the patent for invention and useful model validity; - amount of legal protection that shall be granted; - conditions of the patentability of the invention and useful model. (...) Part VIII “Final Provisions” includes the Articles 31 - 33 which determine: - basic provisions on charges (duties) payment; - procedure of patenting of the invention (useful model), created in Ukraine, in foreign countries; - provisions on state encouragement of creation and utilisation of inventions and useful models in Ukraine.
Language:English
Score: 1123602.9 - https://www.wto.org/english/th..._e/ukr_e/WTACCUKR26_LEG_33.pdf
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An invention is new if it is not known from the data on the prior art. (...) APPLICATION FOR THE GRANT OF A PATENT FOR AN INVENTION 16.1. An application for the grant of a patent for an invention (hereinafter – application for an invention) shall relate to a single invention or a group of inventions so linked as to form a single inventive concept (requirement for unity of invention). 16.2. (...) OTHER RIGHTS AND PRIVILEGES 33.1. The author of an invention shall have to confer his name or a special title to the invention. 33.2.
Language:English
Score: 1122952.5 - https://www.wto.org/english/th.../tjk_e/WTACCTJK13A1_LEG_16.pdf
Data Source: un