“(2) a patent granted on a patent application of another applicant in the United States prior to the invention by the patent applicant, except that a patent for the purposes of this Subsection shall not be deemed to have been filed in the United States if an international application filed under the treaty defined in Article 351(a) has been filed; or”. Local Novelty considers that only publications, uses or sales that have taken place in this jurisdiction are destructive of novelty. Today`s U.S. patent law still recognizes that parts of a claim may constitute “insignificant post-resolution activity.” This is seen as a kind of “novelty point” approach that is not allowed by current patent law (Federal Circuit). To combat counterfeiting, truly “insignificant” elements are systematically kept out of patent claims. [5] However, the objective of the patentability doctrine with respect to insignificant post-resolution activities is that the addition of such limitations to a claim does not mean that an “inventive idea” is added to the otherwise ineligible idea. [6] The novelty requirement is intended to ensure that a patent is not granted if the public already owns the invention. Although assessing the ownership of simple inventions is generally simple, it can be difficult for those working in complex fields such as biotechnology, chemistry, and pharmacy. For example, if a pharmaceutical company attempts to patent a promising molecule that has been disclosed in the prior art but has never been physically manufactured, the key question of ownership is whether a person with ordinary capabilities in the field (PHOSITA) could have done so at the time of the previous disclosure.

In other words, could PHOSITA rely on the local knowledge available at the time to complete the missing technical details of the previous disclosure? This article argues that existing novelty case law does not deal well with the issue of ownership in two ways. First, it tends to overestimate PHOSITA`s knowledge at the time by not fully assessing the complex nature of certain technologies. Second, the current review framework undermines the presumption of novelty by imposing burdens of proof on the potential inventor that can thwart innovation and thwart important objectives of the patent system. To solve these problems and fill a gap in patent science, this article proposes a new paradigm that reshapes the investigation of novelty during patent examination. Its implementation will not only improve the quality of granted patents, but also make the patent literature a more robust source of technical information. This article contributes to broader policy debates on patent reform and is part of a larger effort to bridge the gap between patent law and scientific standards. This content is intended to serve as a quick reference for inventors and technology managers. It is based on frequently asked questions and basic requirements for patenting inventions. This is not a comprehensive examination of patent law.

I have had specific cases where this issue is important. It has always seemed to me that if the product sold does not reveal the invention in such a way that the public can understand not only what it is, but also how it can be made, then the product cannot predict. A conceptual problem may arise in the application of the “novelty point” analysis method if the elements cooperate or coagulate with the conventional elements or part of them in a new way at the time of novelty. [Citation needed] The new contribution is rightly considered to be part of the novelty point of the invention and should therefore be correctly cited in accordance with the transitional sentence. [Citation needed] In a Jepson claim, the conventional parts of the elements of the claim are placed in a preamble, such as.B. “In a grease gun comprising a cylinder that surrounds a piston that moves longitudinally in that cylinder, that cylinder has a nozzle at a distal end of it,” followed by a transition theorem such as “improvement includes,” followed by a recitation of the element or elements, which form the point of novelty, such as “said nozzle with a fluted opening at a distal end of it.” [Citation needed] It is, in a way, the law in terms of published references. If the reference does not allow it, it is not an anticipated prior art. Why is the law not the same when it comes to products? In Canada, novelty requirements are set out in section 28.2 of the Patent Act (R.S.C., 1985, c. P-4) codified:[7] If, during the examination of the patent application, the controller finds that the requested invention is similar to an existing published or granted patent/article/publication or in any form already publicly available, in which case the controller may challenge the patent application applied for, which may result in the rejection of the invention. But the principle of prior art must be that the invention is known to the public and in the public domain. If you can`t replicate the patented product, in the case of Pennock, the patented fire hose, because you don`t know exactly what materials and process it takes to make that product, is the product really state-of-the-art for someone else who not only reveals what the product is in their patent application, but a manufacturing method? The idea behind granting patent protection is to promote research and development.

It encourages people to invent so that new ideas can be applied and technical progress can take place. This means that the invention should not be based solely on what is already disclosed in the public domain. .

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