Patentability | 500 Questions - Business Law (Chapter 2.2.3) • Livv

320. In what cases can an invention be classified as novel?

For an invention to be patentable, it must be novel, meaning it must not be included in the prior art at the time of filing (Art. L. 611-11 IP Code). An invention belongs to the prior art if the public has access to its description in a manner …

321. Can the disclosure of the invention destroy its novelty?

The disclosure of the invention does not destroy its novelty when it occurs within six months preceding the filing date of the patent application or in the case of publication, after the filing date, of a prior patent application, if the disclosure …

322. What is meant by inventive step?

In addition to being novel, the invention, to be patentable, must involve an inventive step (Art. L. 611-10, 1° Intellectual Property Code), i.e. for a person skilled in the art, it must not obviously stem from the prior art (Art. L. 611-14 …

323. Inventive step assessment - What is the definition of a person skilled in the art?

The inventive step of the invention depends on the subjective judgment of the person skilled in the art to whom the technical problem solved by the invention is presented. The person skilled in the art possesses the usual knowledge of the relevant …

324. What does the concept of the state of the art, used to assess inventive step, encompass?

The inventive step is measured, like novelty, against the state of the art, which includes the body of relevant knowledge and information in a given technical field that has been made accessible to the public before the filing date of the patent …

325. Does the obviousness of the invention constitute an obstacle to inventive step?

The invention must not be obvious to a person skilled in the art based on the prior art . They must be required to make an inventive effort to achieve the result claimed in the patent. Obviousness refers to what clearly and logically follows from …

326. What are the methods of proving inventive step?

The inventive step is assessed as of the patent filing date, by comparing the characteristic elements of the invention with the prior art . To establish the existence of an inventive step, the trial courts use the set of indicia (méthode du …

327. What is covered by the concept of industrial applicability essential to the classification of an invention cover?

To be patentable, an invention must be capable of industrial application (Art. L. 611-10, 1 Intellectual Property Code). An invention is considered as such if its subject-matter can be manufactured or used in any kind of industry, including …

328. In what case is the condition of industrial applicability fulfilled?

The condition of industrial applicability (or application) is met as long as the subject matter of the invention is capable of being manufactured or used , even if the invention does not achieve the expected result or if the result obtained is …