Academic literature on the topic 'Patentability criteria'
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Journal articles on the topic "Patentability criteria"
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Holopainen, Sami, Olli-Pekka Piirilä, and Antti Salmela. "Patentability of mathematical modelling and simulation methods." Rakenteiden Mekaniikka 52, no. 2 (July 12, 2019): 114–24. http://dx.doi.org/10.23998/rm.76251.
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"Patentability" refers to conditions laid down by law to what can be patented and what cannot. In this study, changes in the patentability of simulation methods are compared with the rapid development of computational science since 1970s. Although technological progress has caused computational simulation and modelling methods to grow to an everyday tool of technology, these methods have traditionally been excluded from patentability as "non-technical subject matter" or "abstract ideas". We describe the changes in patentability criteria in Europe and in the USA, and illustrate the development of patenting activity in this field during the last decade. Practisers should be aware of these changes, and investigate the possibilities they might offer.
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Lazaridis, George, and Bruno van Pottelsberghe de la Potterie. "The rigour of EPO’s patentability criteria: An insight into the “induced withdrawals”." World Patent Information 29, no. 4 (December 2007): 317–26. http://dx.doi.org/10.1016/j.wpi.2007.05.001.
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Sorte, Smita Rameshrao, and Sachin Babu Rathod. "Reliability and patentability of academic-rank promotional criteria in medical colleges of India." Journal of Bangladesh Society of Physiologist 13, no. 2 (December 26, 2018): 78–83. http://dx.doi.org/10.3329/jbsp.v13i2.39485.
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A promotion refers to the progress of an employee’s position or ranks in a hierarchical constitution with an increase in status, responsibilities, and salary. Academic rank Promotional criteria considered by the Medical Council of India (MCI) include educational qualifications, seniority according to years of teaching experience and numbers of Publications. There is gap between faculty role in medical college and expectation for promotion in India. Impractical expectation beyond the self-competency has promoted unethical practices. The various scientific misconduct problems had faded the quality of research in India. So the expected criteria for the evaluation of faculty members are needed to be re-adjusted by policymakers, according to the facilities of the scientific centers and human, social and economic resources at the institute. Medical Council of India needs to evolve and implement a suitable promotional policy for faculty members of medical colleges in India.
J Bangladesh Soc Physiol. 2018, December; 13(2): 78-83
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Wu, Chi-Hua, and Ding-Bang Luh. "Positivity creation and its effect on idea patentability: a case of a new faucet invention." MATEC Web of Conferences 201 (2018): 04001. http://dx.doi.org/10.1051/matecconf/201820104001.
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Among criteria of patentability, concern of novelty is taking priority in comparing to non-obviousness and industrial applicability. However, novelty is difficult to be demonstrated before conducting a thorough research of the prior art after a proposal is been designed, which is time-consuming. Under such circumstance, 1) Positive creativity is applied in this research to enhance idea patentability by positively building it during a design process. 2) Start with elaborating idea of positive creativity, its conceptual tool is applied in this research to design a new faucet, and do actual patent application. 3) The result of patents obtained in several countries, including invention (Taiwan) and design patents (Taiwan, U.S., China), indicates that positive creativity is capable of producing patentable ideas. 4) Faucet manufacturing is a traditional industry within which theoretically more difficult to get invention patents. This further indicates that positive creativity (through positivity creation) should have similar effect in providing patentable ideas in highly-innovative industries.
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Karbowski, Adam. "Controversies over the moral justification for patent protection in biotechnology." Annales. Etyka w Życiu Gospodarczym 21, no. 5 (March 22, 2018): 57–66. http://dx.doi.org/10.18778/1899-2226.21.5.05.
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This paper discusses the controversies over the moral justification for patent protection in biotechnology. Special emphasis has been put on the controversy over the moral justification for patent protection of stem cells. By referring to arguments for (1) human dignity and (2) patentability criteria, the moral justifiability of patent protection of stem cells is in serious doubt. A whole section of the paper is devoted to the moral issues linked to patent protection in biotechnology and their political and economic significance. An attempt is made to solve some of the discussed problems, i.e., the introduction of decision criteria based on the system of values shared by the members of a given society.
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Belikova, Ksenia Michailovna. "Bioprinting and culture of tissues and organs in the BRICS countries (on the example of Brazil, India, China, and South Africa): approaches of legislation on intellectual property." Право и политика, no. 5 (May 2020): 35–57. http://dx.doi.org/10.7256/2454-0706.2020.5.32826.
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This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of “bioprinters”, “bioinks”, “biopapers”, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the “bioprinters” themselves, as well as the “bioinks” and “biopapers” they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author’s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.
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Childs, Michelle. "Towards a Patent Pool for HIV Medicines: The Background." Open AIDS Journal 4, no. 1 (January 19, 2010): 33–36. http://dx.doi.org/10.2174/1874613601004020033.
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Recent WHO guidelines for antiretroviral therapy recommend switching to less toxic, but more expensive medicines for first-line and second-line ART, raising questions about the financial sustainability of many AIDS treatment programmes. At the same time, many key generic producing countries such as India now grant pharmaceutical product patents so competition between multiple manufacturers will not be able to play the role it has in bringing down the price of newer drugs. Overcoming these patent barriers will require a range of solutions, such as restricting patentability criteria, or compulsory licensing. One additional systematic solution is provided by the patent pool, a collective solution to the management of patent rights, initially presented by Médecins Sans Frontières to the French Foreign Ministry and subsequently the UNITAID Executive Board in 2006. A patent pool must not be implemented at any costs, but answer medical needs, be based on economic realities and meet the access needs of the developing world, including middle-income countries.
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Barycki, Michał. "Disclaimers in European Patent Applications." GRUR International 69, no. 12 (October 16, 2020): 1204–16. http://dx.doi.org/10.1093/grurint/ikaa125.
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Abstract A European patent application may be amended by, among others, deleting a part of the claimed subject matter under established conditions or by the incorporation of an undisclosed or disclosed disclaimer. Disclaimers are a useful tool in order to maintain the balance between the practical needs of applicants and the interests of third parties in legal clarity and completeness. The incorporation of disclaimers may not extend beyond the content of the European patent application as filed and the protection it confers. The purpose of this paper is to illustrate how an applicant can introduce a negative technical feature into the patent application in the light of the extensive judicial practice of the Technical and Enlarged Boards of Appeal of the European Patent Office. The author has analysed the criteria for disclaimers set out in decisions G 1/03, G 2/10 and G 1/16 in accordance with the general notion of patent law and requirements of patentability. Additionally, this problem was also characterized in the light of the judicial practice of national courts and legislations of the EU Member States.
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Gupta, Sonu, Ravinder Nath Bansal, Surender Pal Singh Sodhi, and Gursimrat Kaur Brar. "Evaluating Indian Professionals Knowledge for Innovation and Need for Patent Education." Utamax : Journal of Ultimate Research and Trends in Education 3, no. 2 (July 28, 2021): 68–79. http://dx.doi.org/10.31849/utamax.v3i2.6904.
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The Patent system encourages invention, disclosure, and investment. Several patents are granted in medical sciences, but a misconception remains with health care professionals regarding criteria for patentability of their valuable invention. Though the Indian Patent system has promoted the progress of science and technology, its scope has not been extended to treatment procedures in medical and dental sciences. This research was conducted to assess the knowledge and awareness of health care professionals about the Indian patent system. The study was conducted to assess the awareness and knowledge of the Indian patent system and the need for patent education among professionals of different streams. This cross-sectional study was carried out among private practitioners of different streams (medical and dental, ayurvedic, and homeopathic). Results made a poor show of patent education and knowledge. Only 6% of participants had more than 50% knowledge regarding this topic. Since educational institutions are opting for accreditations. Research and innovation is an important criterion for that. This study highlighted that there is a great need for patent education for professional and institutional growth.
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Pavlyuk, Olha, Nataliia Parasiuk, Alona Dutko, Vasyl Parasiuk, and Oksana Stasiv. "Protection of patent law objects, created by artificial intelligence (AI) technologies." Revista Amazonia Investiga 10, no. 44 (September 29, 2021): 230–40. http://dx.doi.org/10.34069/ai/2021.44.08.22.
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The aim of the article is to solve the scientific problem of outlining the issue of protection of patent law objects created using artificial intelligence technologies, and to establish whether it is possible to recognize artificial intelligence technologies as inventor at the present stage of development of legal systems. Philosophical, comparative-legal and system-structural methods were used in the research process. Based on the analysis of the European Patent Convention, the main generally accepted conditions of patentability of the invention are determined: novelty, inventive step, industrial applicability. It has been established that inventions created by artificial intelligence technologies will meet such criteria provided that certain requirements are met. In the context of the study, the case of the invention of artificial intelligence «DABUS» is analyzed and the results of its consideration in the European Patent Organization, the United Kingdom and the United States are summarized. In particular, it has been established that artificial intelligence technologies are currently not considered as inventors in either the Romano-Germanic or Anglo-Saxon legal systems.
Dissertations / Theses on the topic "Patentability criteria"
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Macháček, Roman. "Patentovatelnost biotechnologických vynálezů podle Evropské patentové úmluvy." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-328816.
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Title: Patentability of biotechnological inventions under European Patent Convention The topic of thesis is the patentability of biotechnological inventions under the European Patent Convention (Munich, 1973) (hereinafter the "EPC") with special emphasis on decision making practices of the European Patent Office. At the beginning, the author deals with general patent law, in particular with fundamental substantive conditions of patentability of inventions, both positive and negative. A brief explanation is then devoted to the definition of biotechnological science and biotechnological invention. In the subsequent part of the thesis, the author discusses the sources of patent law in general and in relation to biotechnological inventions. The chapter is divided into three parts - international, European and national sources. Discussion regarding European sources is split into two subsections dealing with EPC and EU law. The author examines in particular the complicated legislative procedure for the adoption of the Directive 98/44/EC of the European Parliament and of the Council dated 6th July 1998 on the legal protection of biotechnological inventions and its impact on European patent law. National sources address primarily imperfect transposition of Directive 98/44/EC into the Czech law. The next chapter is...
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Ndlovu, Lonias. "Access to medicines under the World Trade Organisation TRIPS Agreement: a comparative study of select SADC countries." Thesis, 2014. http://hdl.handle.net/10500/14185.
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Despite the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in 2001, which unequivocally affirmed WTO members’ rights to use compulsory licences and other TRIPS flexibilities to access medicines, thirteen years on, developing countries and least developed countries are still grappling with access to medicines issues and a high disease burden. Despite some well researched and eloquent arguments to the contrary, it is a trite fact that patents remain an impediment to access to medicines by encouraging monopoly prices. The WTO TRIPS Agreement gives members room to legislate in a manner that is sympathetic to access to affordable medicines by providing for exceptions to patentability and the use of patents without the authorisation of the patent holder (TRIPS flexibilities).
This study focuses on access to medicines under the TRIPS Agreement from a SADC comparative perspective by interrogating the extent of the domestication of TRIPS provisions promoting access to medicines in the SADC region with specific reference to Botswana, South Africa and Zimbabwe. After establishing that all SADC members, including Seychelles which is yet to be a WTO member have intellectual property (IP) laws in their statute books, this study confirms that while most of the IP provisions may be used to override patents, they are currently not being used by SADC members due to non-IP reasons such as lack of knowledge and political will. The study also engages in comparative discussions of topical occurrences in the context of access to medicines litigation in India, Thailand and Kenya and extracts useful thematic lessons for the SADC region. The study’s overall approach is to extract useful lessons for regional access to medicines from the good experiences of SADC members and other developing country jurisdictions in the context of a south-south bias.
The study draws conclusions and recommendations which if implemented will in all likelihood lead to improved access to medicines for SADC citizens, while at the same time respecting the sanctity of patent rights. The study recommends the adoption of a rights-based approach, which will ultimately elevate patient rights over patent rights and urges the region to consider using its LDCs status to issue compulsory licences in the context of TRIPS Article 31 bis while exploring the possibility of local pharmaceutical manufacturing to produce generics, inspired by the experiences of Zimbabwe and current goings on in Mozambique and the use of pooled procurement for the region. The study embraces the rewards theory of patents which should be used to spur innovation and research into diseases of the poor in the SADC region. Civil society activity in the region is also identified as a potential vehicle to drive the move towards access to affordable medicines for all in the SADC region.Mercantile Law
LL.D.
Books on the topic "Patentability criteria"
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Carlos Maria, Correa. Trade Related Aspects of Intellectual Property Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198707219.001.0001.
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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This book provides an in-depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. The book elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis—which is supported by a review of the relevant GATT and WTO jurisprudence—identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.
Book chapters on the topic "Patentability criteria"
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Syam, Nirmalya. "Robust Patent Examination or Deep Harmonization? Cooperation and Work Sharing Between Patent Offices." In Access to Medicines and Vaccines, 241–76. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83114-1_9.
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AbstractPatent laws and regulations in many countries have utilized the flexibility available under the WTO TRIPS Agreement to apply nationally appropriate standards to define the patentability criteria of novelty, inventive step and industrial applicability, in order to ensure the grant of high-quality patents for genuine inventions. Robust search and examination are crucial for the application of this flexibility to ensure the grant of patents for genuine inventions, e.g., for secondary pharmaceutical patent applications which could lead to patent evergreening and adversely impact access to medicines by restraining generic competition. However, limited examination resources of patent offices have been stretched by the tremendous surge in the number of patent applications to be processed, leading to delays and backlogs. This has led patent offices to prioritize efficient and speedy processing of patent applications with their limited resources by using the search and examination work of other patent offices, sometimes to the extent of granting a patent on the basis of a corresponding grant by another patent office. This chapter discusses how work sharing has been driven by the major patent offices as part of a global patent harmonization agenda, both within the WIPO Patent Cooperation Treaty and through technical assistance and cooperation with other patent offices, and suggests how patent offices in developing countries could best harness the advantages of work sharing, particularly in a South-South cooperation framework, while safeguarding the ability to apply in practice the patentability requirements under their national laws through a robust search and examination of patent claims.
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Karapapa, Stavroula, and Luke McDonagh. "17. Patentability." In Intellectual Property Law, 400–440. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198747697.003.0017.
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This chapter addresses the criteria for patentability; in other words, the rules patent examiners and courts use to decide if a patent is valid or not. These criteria are also useful in the context of an infringement action, because a defendant may make a counter-claim to revoke the claimant's patent for invalidity on the basis of one of the criteria. The patentability of an invention is defined by Articles 52–57 of the European Patent Convention. The criteria comprise five core elements: three positive and two negative. In terms of the positive requirements, for an invention to be patentable, it must possess novelty; inventive step; sufficiency and support; and industrial applicability. Regarding the negative criteria, the invention must not consist of excluded subject matter, and it must not fall afoul of any of the exceptions to patentability.
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Gervais, Daniel J. "Patentability Criteria as TRIPS Flexibilities." In Patent Law in Global Perspective, 541–70. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780199334278.003.0017.
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Brown, Abbe, Smita Kheria, Jane Cornwell, and Marta Iljadica. "11. Patentability." In Contemporary Intellectual Property, 401–84. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198799801.003.0011.
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This chapter explores the criteria that are applied by an intellectual property office in examining a patent application. These applies to all forms for innovation and are novelty, inventive step, and industrial applicability. The chapter also explores additional requirements and barriers which apply in relation to biotechnological inventions, which has proved to be a particularly controversial issue in Europe, and the patentability of computer software and related inventions, such as business method patents. The chapter demonstrates the evolution in legal and policy thinking in these two fields, which provide a means to an understanding of developments in patent law in general.
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Grubb, Philip W., Peter R. Thomsen, Tom Hoxie, and Gordon Wright. "Invalidity and Amendment of Granted Patents." In Patents for Chemicals, Pharmaceuticals, and Biotechnology. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199684731.003.0013.
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This chapter focuses on the law governing the validity and amendment of patents in the UK and US. The grant of a patent does not guarantee its validity. The chance that a patent will be held to be valid if challenged depends on the completeness of the search performed; the strictness of examination of the patent in the patent office; the legal and technical competence of the patent examiner; the chance of intervention by third parties during the patent office proceedings; and the pro- or anti-patent attitude of the national courts. Patents granted by the European Patent Office (EPO), Japanese Patent Office, or US Patent and Trademark Office are subject to a relatively rigorous substantive examination. However, patents in other countries, such as South Africa, Belgium, or even the Netherlands, are granted after a formal examination, without any investigation as to whether the claimed invention meets the patentability criteria.