Intellectual property laws do not define what an invention is, mainly because of the difficulty in identifying the precise point that distinguishes between an abstract idea and its technical application. Therefore, patent laws define what is eligible for a patent, of what is patentable: an invention, whether a product or process in any technological field, that is new, useful, industrially applicable and innovative is eligible for patent.
Prior art search
Prior art search is a process that begins before drafting a patent application in order to find out existing inventions for which an inventor seeks to protect with paten registration. A patent search is a technical process normally performed by a patent attorney or a professional skilled in the search process. The results of a search do not guarantee that the invention is patentable, but reduce the risk in filling a patent application and getting it registered.
Inventiveness or innovation is judged by whether or not an invention was obvious to a skilled professional – that it took thought. An invention has to have a core that gives it a technical or technological advantage over existing knowledge. Existing knowledge, also called prior art, has to be relevant to the invention and serves as background when examining the eligibility of an invention to be patented.
A novel invention
A novel invention is one that was never made public in such a way that a skiled professional can create the invention, whether written or acted out. This applies in the inventors country or outside it, before the date of filing the patent application.
A claim defines one or more aspects of an invention. The claim set is a part of a patent application that defines the scope of protection of the invention in point form. The set of claims must precisely define the invention and must include at least one claim
A skilled artisan
A skilled artisan is theoretical person with knowledge in particular field. A skilled professional must be able to create your invention if it is to be considered patentable. An average professional should be able to examine whether an invention can be created in the manner it was described in the patent application.
Unity of invention
Unity of invention is a legal requirement by which only one invention is allowed to be described in a patent application. One cannot apply for more than one paten on a single invention or an inventive idea.
The specification is a part of the patent application that describes the background of the invention and the invention itself. It can include, among others, an explanation of the invention, examples drawings.
Priority is entitled to on an invention claimed in a patent application and precedes any claim for the same invention, which is developed and/or filed in an application after the date of priority.
Patent attorney is a skilled professional with recognized expertise in science or technology authorized to practice patent law. A patent attorney has undergone strict training in all patent-related matters and has deep knowledge of patent laws. The role of a patent attorney, among others, is to help an inventor write a patent application in a format that is acceptable to patent offices around the world.
International application is patent application filed at the World Intellectual Property Organization. An international application is examined by an authorized patent examiner, who issues a search report and decides if the invention is patentable. The international application is published within a predetermined period of time.
Patent is made official with paten certificate, which is a final document that indicates that the invention has been approved by a patent office and was found patentable after examination by a skilled examiner with knowledge in the relevant field of invention. A patent grants its owner the right to create and use the invention and bestows legal protection from unauthorized exploitation.
Patent application is a document that describes an invention for which legal protection is being sought. The document is filed with paten offices and is examined by examiners who have knowledge in the filed of the invention.
Grace period of 12 months is granted to any patent application filed in a country that is party to the Paris Convention. This grace period is calculated from the date of filling and applies to filling the application in each country or filling an international application.