PATENTS - Legislation

sems 1-3 legislative content

PA 1977 S1

Patentable inventions

patents will only be granted for inventions that are NOVEL, involve an INVENTIVE STEP, and are capable of INDUSTRIAL APPLICATION

PA 1977 S2

DEFINES NOVELTY

does NOT FORM STATE OF THE ART

STATE OF THE ART is all matter in public knowledge before the priority date of the patent application.

PA 1977 S3

INVENTIVE STEP

not obvious to a person skilled in the art, considering the state of the art at the priority date.

PA 1977 S4

INDUSTRIAL APPLICATION

PA 1977 S72

POWER TO REVOKE PATENTS ON APPLICATION

• NOT A PATENTABLE INVENTION

• APPLICANT IS NOT ENTITLED

• SPECIFICATION TOO VAGUE

• SPEC GOES OUTSIDE OF EXTENT OF LAWFUL BOUNDS

EPC ART 52(1)

EU PATENTS SHALL BE GRANTED FOR INVENTIONS

IN ALL FIELDS

IF THEY ARE NEW, INVOLVE AN INVENTIVE STEP, AND ARE CAPABLE OF INDUSTRIAL APPLICATION

EPC ART 54

NOVELTY

IDENTICAL TO S2 PA 1977

EPC ART 56

INVENTIVE STEP

IDENTICAL TO S3 PA 1977

EPC ART 57

INDUSTRIAL APPLICATION

PA 1997 S 1(2)

NOT INVENTIONS

A. DISCOVERY, SCIENTIFIC THEORY OR MATHEMATICAL METHOD

B. A LITERARY, DRAMATIC, MUSICAL OR ARTISTIC WORK, OR ANY AESTHETIC CREATION

C. SCHEME, RULE OR METHOD (MENTAL ACT), PLAYING A GAME OR DOING BUSINESS, OR A PROGRAM FOR A COMPUTER

D. PRESENTATION OF INFORMATION

WHERE WOULD YOU FIND “as such“

End paragraph of s1(2) PA 1977

PA 1977 S1(3)

PATENT WILL NOT BE GRANTED

IF COMMERCIAL EXPLOITATION OF THE INVENTION WOULD BE CONTRARY TO PUBLIC POLICY OR MORALITY

PA 1977 S4A

PATENT WILL NOT BE GRANTED

A. METHOD OF TREATMENT (HUMAN OR ANIMAL BODY)

B. METHOD OF DIAGNOSIS (HUMAN OR ANIMAL BODY)

PA 1977 76A

PROVISION OF SCHEDULE A2 - BIOTECHNOLOGICAL INVENTIONS

SCHEDULE A2 - PA 1977

UNPATENTABLE

A PRODUCT MADE OF OR CONTAINING BIOLOGICAL MATERIAL

OR A PROCESS BY WHICH BIOLOGICAL MATERIAL IS PRODUCED, PROCESSED OR USED

SCHEDULE A2 S3

NOT PATENTABLE INVENTIONS

A. HUMAN BODY (AT ANY STAGE OF DEVELOPMENT)

B. CLONING HUMAN BEINGS

C. MODIFYING GERM LINE GENETIC IDENTITY

D. USES OF HUMAN EMBRYOS FOR INDUSTRIAL OR COMM PURPOSES

E. MODIFYING GENETIC IDENTITY OF ANIMALS

F. ESSENTIALLY BIOLOGICAL PROCESSES

DIRECTIVE 98/44/EC ARTICLE 6(1)

UNPATENTABLE INVENTIONS

WHERE COMM EXPLOITATION WOULD BE CONTRARY TO

ORDRE PUBLIC OR MORALITY

DIRECTIVE 98/44/EC ARTICLE 6(2)

UNPATENTABLE IN PARTICULAR:

A. CLONING HUMAN BEINGS

B. MODIFYING GERM LINE GENETIC IDENTITY

C. USES OF HUMAN EMBRYOS FOR INDUSTRIAL OR COMM PURPOSES

D. MODIFYING GENETIC IDENTITY OF ANIMALS

EPC ARTICLE 53

EXCEPTIONS TO PATENTABILITY

A. ORDRE PUBLIC/MORALITY

B. ESSENTIALLY BIOLOGICAL PROCESSES

C. METHODS OF TREATMENT/DIAGNOSTIC METHODS

SAME AS S4A PA 1977

PA 1977 S25

TERM OF PATENT

20 YEARS FROM FILING

PA 1977 S60

MEANING OF INFRINGEMENT

TO USE, DISPOSE OF, IMPORT, OFFER LICENCE ETC.. A PRODUCT OR PROCESS WITHOUT THE CONSENT OF THE PATENT HOLDER

EPC ARTICLE 63

TERM

20 YEARS

EPC ARTICLE 64

RIGHTS CONFERRED

EPC ARTICLE 69

EXTENT OF PROTECTION

SHALL BE DETERMINED BY THE CLAIMS

EPC ARTICLE 138

REVOCATION OF EU PATENTS

UNPATENTABLE SUBJECT MATTER

NOT CLEAR AND COMPLETE

SUBJECT MATTER EXTENDS BEYOND CONTENT OF APP

PROPRIETOR NOT ENTITLED TO HOLD