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Questions and Answers
What is the primary purpose of the European Search Report?
What is the primary purpose of the European Search Report?
When is the application for a European patent published?
When is the application for a European patent published?
What happens if no request for examination is made for the application?
What happens if no request for examination is made for the application?
What content is examined during the examination phase?
What content is examined during the examination phase?
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What is the final outcome of the grant procedure for a European patent?
What is the final outcome of the grant procedure for a European patent?
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What is considered an 'invention' in the field of technology?
What is considered an 'invention' in the field of technology?
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Which of the following accurately describes dependent patents?
Which of the following accurately describes dependent patents?
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What is the typical duration of patent protection?
What is the typical duration of patent protection?
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How do utility models differ from patents in countries like Spain?
How do utility models differ from patents in countries like Spain?
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What happens when a patent cannot be exploited without infringing another patent?
What happens when a patent cannot be exploited without infringing another patent?
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What is required for the transfer of patent rights to be considered valid?
What is required for the transfer of patent rights to be considered valid?
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Which type of license allows the licensee to exploit the patent but not transfer or sub-license without permission?
Which type of license allows the licensee to exploit the patent but not transfer or sub-license without permission?
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What differentiates 'full right' licenses from other types of licenses?
What differentiates 'full right' licenses from other types of licenses?
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What is the main condition under which compulsory licenses can be granted?
What is the main condition under which compulsory licenses can be granted?
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Which of the following statements is true regarding the presumption of non-exclusivity in contractual licenses?
Which of the following statements is true regarding the presumption of non-exclusivity in contractual licenses?
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What is the typical nature of 'full right' licenses in terms of exclusivity?
What is the typical nature of 'full right' licenses in terms of exclusivity?
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Which article outlines the process and rules associated with compulsory licenses?
Which article outlines the process and rules associated with compulsory licenses?
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Who typically issues public offers of 'full right' licenses?
Who typically issues public offers of 'full right' licenses?
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What is the primary feature of the patent with a unitary effect?
What is the primary feature of the patent with a unitary effect?
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How many Member States are participating in the unitary patent system?
How many Member States are participating in the unitary patent system?
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Which office is responsible for granting a patent with a unitary effect?
Which office is responsible for granting a patent with a unitary effect?
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What is the jurisdiction for litigation regarding the unitary patent?
What is the jurisdiction for litigation regarding the unitary patent?
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Which of the following is NOT included in Regulation 1257/2012?
Which of the following is NOT included in Regulation 1257/2012?
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Which article specifies the eligibility of a European patent with unitary effect?
Which article specifies the eligibility of a European patent with unitary effect?
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What does Article 5.1 confer to the proprietor of a unitary patent?
What does Article 5.1 confer to the proprietor of a unitary patent?
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What does Regulation 1257/2012 specifically exclude regarding substantive law?
What does Regulation 1257/2012 specifically exclude regarding substantive law?
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What rights are conferred by a European patent according to the article referenced?
What rights are conferred by a European patent according to the article referenced?
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Which of the following actions is NOT included in the rights conferred to a patent holder under Spanish Law?
Which of the following actions is NOT included in the rights conferred to a patent holder under Spanish Law?
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What does the 'doctrine of equivalents' in patent law help to prevent?
What does the 'doctrine of equivalents' in patent law help to prevent?
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Under Spanish Law, what does Article 59 of the LP primarily address?
Under Spanish Law, what does Article 59 of the LP primarily address?
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Indirect exploitation of a patent under Spanish Law includes which of the following?
Indirect exploitation of a patent under Spanish Law includes which of the following?
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What is the main purpose of patent claims according to Article 69?
What is the main purpose of patent claims according to Article 69?
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What is one of the criteria addressed by the 'triple identity' in the doctrine of equivalents?
What is one of the criteria addressed by the 'triple identity' in the doctrine of equivalents?
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According to Spanish Law, what must be proven for someone to be liable for using a patented process?
According to Spanish Law, what must be proven for someone to be liable for using a patented process?
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Who holds the rights to an invention made by an employee during their contract if the invention is a result of the research activity included in their contract?
Who holds the rights to an invention made by an employee during their contract if the invention is a result of the research activity included in their contract?
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Under what circumstances does an invention belong to the employee rather than the employer?
Under what circumstances does an invention belong to the employee rather than the employer?
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What right does the employer have over an employee's invention that mainly used the company's knowledge or facilities?
What right does the employer have over an employee's invention that mainly used the company's knowledge or facilities?
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What must be included in the application for a European patent according to Article 78?
What must be included in the application for a European patent according to Article 78?
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What does Article 84 state about the claims made in a patent application?
What does Article 84 state about the claims made in a patent application?
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What is the role of the declaration of priority in the patent application process?
What is the role of the declaration of priority in the patent application process?
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What does Article 86 mention regarding fees associated with patent applications?
What does Article 86 mention regarding fees associated with patent applications?
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Which article outlines specific rules regarding inventions by civil servants, such as university researchers?
Which article outlines specific rules regarding inventions by civil servants, such as university researchers?
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Study Notes
Lesson 7: Inventions (Patents)
- A patent is a document, issued by a national or regional office, detailing an invention, thus creating legal control over its use.
- Patents grant the inventor exclusive rights to exploit the invention for a limited time.
- The disclosure of the invention is critical for the patent granting process.
- The patent system encourages innovation by rewarding intellectual effort and investment.
- Patents protect inventions by giving exclusive rights to the creator (the owner of the patent)
- The concept of "invention" is a specific solution to a problem in a technological field. Inventions come in different forms such as product, process or improvement inventions:
- Product - a substance or machine
- Process - step approach to obtain an outcome
- Improvement - new application of an existing product or process
- Dependent patents are inventions developed using prior ones (both patentable)
- The "patent with a unitary effect" or "Unitary patent" is protectable in all participating EU member states
- Patents are protected for a limited time, generally 20 years
- "Utility model" is an alternative (similar IPR) with less strict requirements and shorter terms.
- National, regional, and global patent systems exist
- A patent should fulfill specific requirements such as novelty, inventive step, and industrial application, to be considered patentable
- A list of items are not considered inventions like discoveries, scientific theories, literary works, artistic works, aesthetic creations, and scientific works
- Inventions contrary to public order cannot be patented, such as cloning of human beings or modifying human genetic identity
- Plants, animals, and some biological process and any human or animal body treatment cannot be patented
- Patents have limitations and need different approaches to implement certain protections, like provisional protection, supplementary protection certificate (SPC), among others.
- There is a specific procedure governing the application for and the subsequent process in getting a patent granted, with specific steps and deadlines
- The right to a patent belongs to the creator or owner, and can be transferred.
- There are circumstances where rights transfer to a different person, and laws exist governing these transfer processes
- The patent owner has exclusive rights to exploit the invention without permission from others. Several factors limit the patentee’s rights in general, including those of private actions, scientific acts, experiments, studies, and trials
- Patents can be revoked, and nullity process exists to address patent limitations.
- A patent can be revoked or limited for various reasons, such as failing to satisfy the patentability requirements, issues with descriptions, extending the patent claims beyond the subject matter applied for, or if the patent owner doesn’t have appropriate right to obtain it
- Fees, time limits and fulfilling obligations to commercially exploit the patent can cause issues in patent expiration
- Issues for or against granting a European patent, including refusal, objections by third parties, and appeals during the various phases of the patent granting process are relevant items to discuss. Procedures are important to examine
- Utility models are similar to patents, but are protected for a shorter time (usually 10 years), patents protect the invention in the broader aspect of the manufacturing process while Utility models focus on the form, structure, and constitution of the invention
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Description
Explore the essential concepts of patents in Lesson 7, where you will learn about the legal protections for inventions and the implications of patenting. Understand various types of inventions and the importance of disclosure in the patent process. This lesson emphasizes how patents spur innovation and protect creators' rights.
