Author: Umakant Mishra
Abstract:
The patent system is designed to attract inventors to
disclose and protect their inventions. While disclosing the invention benefits
the society, protecting the invention benefits the inventor. However, the
invention must fulfill certain criteria to be patentable. Hence, patentability
assessment is extremely important before filing a patent application. Although
there are some commonalities in the criteria of patentability there are some
differences from country to country depending on the law of the land. In many
cases the criteria are very vague and the patent application may be rejected
for several unforeseen reasons. A proper patentability assessment helps the
inventors assessing the strength of their inventions and saves their processing
cost by avoiding possible rejections. This article compares the criteria for
patentability by different countries and judicial systems.
Keywords: Patent law, Patent criteria, World patent,
patent assessment, patent rejection, patent application, patent searching,
International law, Intellectual property,
Umakant Mishra, Patentability Criteria in Different
Countries (April 29, 2014). Available at SSRN: http://ssrn.com/abstract=2430768
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