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Questions and Answers
What determines the priority date if no claim on an earlier application is made?
What determines the priority date if no claim on an earlier application is made?
- The date of filing of the current patent application (correct)
- The date of acceptance of the patent application
- The date of the earliest related patent
- The date an invention is disclosed to the public
Why is it advantageous for patent applicants to claim priority based on an earlier application?
Why is it advantageous for patent applicants to claim priority based on an earlier application?
- To enhance the originality of the invention
- To speed up the patent examination process
- To expand the scope of the application
- To reduce novelty-defeating prior art (correct)
How is the 'person skilled in the art' best characterized?
How is the 'person skilled in the art' best characterized?
- A person with no practical knowledge of the technology
- A highly imaginative individual
- Someone with common general knowledge in the relevant field (correct)
- An expert with specialized knowledge
What does the term 'anticipate' imply in the context of prior art?
What does the term 'anticipate' imply in the context of prior art?
What is one of the key concepts associated with assessing novelty in patents?
What is one of the key concepts associated with assessing novelty in patents?
Which quality distinguishes a person skilled in the art from an expert?
Which quality distinguishes a person skilled in the art from an expert?
What is the impact of the priority date on a patent application?
What is the impact of the priority date on a patent application?
In patent litigation, the role of an expert is primarily to:
In patent litigation, the role of an expert is primarily to:
Which statement best reflects the concept of enabling disclosure in patent law?
Which statement best reflects the concept of enabling disclosure in patent law?
What defines a 'good monopoly' in the patent system?
What defines a 'good monopoly' in the patent system?
Which term is synonymous with the concept of 'state of the art'?
Which term is synonymous with the concept of 'state of the art'?
What is the significance of 'priority date' in relation to state of the art?
What is the significance of 'priority date' in relation to state of the art?
Which of the following is NOT included in the state of the art according to Section 14.7 of the Patents Act?
Which of the following is NOT included in the state of the art according to Section 14.7 of the Patents Act?
Which aspect makes the concept of 'state of the art' broad?
Which aspect makes the concept of 'state of the art' broad?
What criterion ensures that new matter is added to the public domain?
What criterion ensures that new matter is added to the public domain?
How can the state of the art be made available to the public?
How can the state of the art be made available to the public?
What is meant by the concept of 'making available to the public'?
What is meant by the concept of 'making available to the public'?
What does the rule against mosaicing imply in relation to prior art?
What does the rule against mosaicing imply in relation to prior art?
Under what circumstances can prior art be apprehended collectively?
Under what circumstances can prior art be apprehended collectively?
What constitutes enabling disclosure in the context of prior art?
What constitutes enabling disclosure in the context of prior art?
What is the first step in assessing novelty according to the outlined process?
What is the first step in assessing novelty according to the outlined process?
What role do IP officers play in the novelty assessment process?
What role do IP officers play in the novelty assessment process?
Which of the following best describes 'claim construction' in assessing novelty?
Which of the following best describes 'claim construction' in assessing novelty?
What is a significant concern when prior use is supported only by oral evidence?
What is a significant concern when prior use is supported only by oral evidence?
What is the limitation of a mere 'signpost' in relation to prior art?
What is the limitation of a mere 'signpost' in relation to prior art?
In assessing an invention's novelty, which characteristic must the prior art clearly demonstrate?
In assessing an invention's novelty, which characteristic must the prior art clearly demonstrate?
What does the term 'grace period' refer to in patent practice?
What does the term 'grace period' refer to in patent practice?
Which statement best describes the person 'skilled in the art'?
Which statement best describes the person 'skilled in the art'?
What is the significance of comparing an invention with prior art at the time of the prior art?
What is the significance of comparing an invention with prior art at the time of the prior art?
What does the requirement of non-obviousness imply in patent analysis?
What does the requirement of non-obviousness imply in patent analysis?
Which principle must be followed when comparing individual prior art items with an invention?
Which principle must be followed when comparing individual prior art items with an invention?
What is the rationale behind granting patents as a strong monopoly right?
What is the rationale behind granting patents as a strong monopoly right?
When is an invention said to lack novelty?
When is an invention said to lack novelty?
Which of the following factors does NOT play a role in evaluating the inventive step of an invention?
Which of the following factors does NOT play a role in evaluating the inventive step of an invention?
Which question should NOT be considered when determining if prior art has anticipated an invention?
Which question should NOT be considered when determining if prior art has anticipated an invention?
What is a potential consequence of failing to understand the principles of comparing prior art in patent law?
What is a potential consequence of failing to understand the principles of comparing prior art in patent law?
What is the main point of reference when assessing whether something is inventive?
What is the main point of reference when assessing whether something is inventive?
What does the term 'common general knowledge' refer to?
What does the term 'common general knowledge' refer to?
Which of the following statements about inventive step is true?
Which of the following statements about inventive step is true?
What is required under Section 25-5d of the Patents Act regarding patent claims?
What is required under Section 25-5d of the Patents Act regarding patent claims?
What does the structured approach to assessing inventive step involve?
What does the structured approach to assessing inventive step involve?
Flashcards
State of the art
State of the art
Everything publicly known and available before the invention's priority date, covering various forms like publications, prototypes, and presentations.
Prior Art
Prior Art
Another term often used interchangeably with "state of the art." It signifies the body of knowledge available to the public before the invention date.
Priority Date
Priority Date
The critical date used to define the state-of-the-art. It's the "cutoff date" for determining what's already known/available before the claimed invention.
Good Monopoly
Good Monopoly
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Bad Monopoly
Bad Monopoly
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Novelty
Novelty
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Second medical use
Second medical use
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Person Skilled in the Art
Person Skilled in the Art
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Anticipate (in Patent Law)
Anticipate (in Patent Law)
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Novelty (in Patents)
Novelty (in Patents)
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Making Available to the Public
Making Available to the Public
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No Mosaicing
No Mosaicing
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Enabling Disclosure
Enabling Disclosure
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Priority claim
Priority claim
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Rule against mosaicing
Rule against mosaicing
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Novelty assessment steps
Novelty assessment steps
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Claim Construction
Claim Construction
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Relevant prior art
Relevant prior art
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Exception to mosaicing
Exception to mosaicing
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Prior disclosure/use
Prior disclosure/use
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Inventive Step
Inventive Step
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Non-obviousness
Non-obviousness
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Grace Period
Grace Period
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Anticipation
Anticipation
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Rationale for Patent System
Rationale for Patent System
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Patent Monopoly
Patent Monopoly
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Mosaic-ing
Mosaic-ing
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Common General Knowledge
Common General Knowledge
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Inventive Concept
Inventive Concept
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Study Notes
Intellectual Property: Copyright and Patents
- Copyright and patents protect different aspects of intellectual property.
- Patents incentivize innovation by granting inventors a monopoly in exchange for public disclosure.
- Patent rights are territorial and must be obtained separately in each jurisdiction.
Patentability Criteria
- Novelty: Invention must be new, not previously known.
- Inventive Step (Non-obviousness): The invention must not be obvious to a person skilled in the relevant art.
- Industrial Applicability: The invention must have a practical application.
- Enabling disclosure: Sufficient detail must be disclosed so that someone skilled in the field can replicate the invention.
Patent Definition
- A set of monopoly rights granted by the state.
- Generally lasts for a maximum of 20 years.
Patent Criteria for Obtaining Protection
- New chemical compounds.
- New manufacturing processes for chemical compounds.
- Novel (new)
- Inventive (significantly different).
- Industrially applicable.
State of the Art
- The body of knowledge available to a person skilled in the relevant art at a particular time.
- Includes written and oral disclosures, existing products/processes, and anything publicly available.
- Cuts off date - Prior to the priority date of the invention. (The date of the earliest application.)
Priority Date
- The date of the earliest application for a patent.
- Can affect the state of the art.
Person Skilled in the Art
- A reasonable, intelligent person with the knowledge and skills relevant to the invention, as distinct from an expert.
- Has a common general knowledge of and practical interest, yet not inventive himself.
Enablement
- The disclosure allows someone skilled in the art to use the invention.
- This information must be in sufficient detail that the skilled person can make the invention.
Mosaicing
- The rule that prior art cannot be combined to assess novelty.
- Instead, a single piece of prior art must be compared against the particular invention.
- Prior art expressly referring to each other may be taken collectively.
Inventive Step (Non-Obviousness)
- The invention must not be obvious to a person skilled in the art.
Common General Knowledge
- Background knowledge of a person skilled in the art, which they would refer to as a matter of course.
- Not just public knowledge.
- Includes: Descriptions in standard textbooks, scientific papers, widely cited papers and industry standards.
Patent Infringement
- Occurs when someone uses a patented invention without permission, or performs the patented process.
- The infringing acts cover the case where the product has been made, disposed, offered, used, or imported.
- This may also occur to the process behind the product.
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