PATENT

Question 1

WHAT IS A PATENT

Answer 1

A Patent, a patent confers upon its holder, for a limited period, the right to exclude others from exploiting the patented invention, except with the consent of the owner of the patent.

Question 2

Legislation On Patent In Ireland.

Answer 2

i Patent Act 1964
ii. Patent Act 1992
iii. Patent Act 2006 ( Amendment )
TWO FORMS OF PATENT.
i. Full-term ; 20 yrs (S.36 of 1992 Act)
ii. Short -term; 10yrs. (S.63 of 1992 Act)

Question 3

In order to be granted a patent it must show or meet the following requirement. OR Test for Patentability.

Answer 3

i. An inventive Step
ii. Must be new
iii. The invention is industrially applicable.

Question 4

What cannot be patented

Answer 4

1. A discovery, a scientific theory or a mathematical method;
2. An aesthetic creation;
3. A scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program; or The presentation of information.

Question 5

What cannot be patented

Answer 5

1. (SOFTWARE) :While it is not possible to obtain a patent on software per se, patents may be granted for inventions requiring the use of software to achieve their purpose. This, however, is conditional on the software having a “technical effect” when the programme is run

Question 6

What cannot be patented

Answer 6

1) Methods of medical and veterinary treatments
2) Plant and animal varieties or essentially biological processes for their production.
3) Inventions the publication or exploitation of which would be contrary to public order or morality.

Question 7

What is Know How in Contrast to Patent.

Answer 7

Know How, is any secret which is valuable and identifiable which includes results, source etc which are important as any other forms of IP.

Question 8

Advantages of Patent

Answer 8

1) A patent gives you the right to stop others from copying, manufacturing, selling or importing your invention without your permission
2) Get protection for a pre-determined period, allowing you to keep competitors at bay.
3) You can license your patent for others to use it or you can sell it.

Question 9

Disadvantages of Patent

Answer 9

1. Applying for a patent can be a very time-consuming

2. it will cost you money whether you are successful or not.

Question 10

NOVELTY ( PATENT CASES)

Answer 10

Novelty, it shall be considered Novel or new if the invention does not form part of the start of the art.(S.11 Patent Act 1996)
Woolards application (2003)(earlier application formed part of the state of the art) Merrell Dow v Norton. * Public disclosure to include, the general public, corporate bodies, not in a relationship with the inventor or another person with the inventor. * ORAL discussion is permissible and its sufficient disclosure for the purpose of been made available.

Question 11

ALTERNATIVE WAYS TO PROTECT A PATENT

Answer 11

Confidentiality agreement, such as N.D.A

SEARCH and

Question 12

Patent Law International

Answer 12

• Patent Cooperation Treaty (1970-2001)
• European Patent Convention (1973-2000)
• Paris Convention For The Protection Of Industrial Property.

Question 13

Exclusions to patentability

Answer 13

a patent shall not be granted for the following reasons

• A method for treatment of the human or animal body by a surgery or therapy.
• An invention for commercial exploitation, that`s is contrary to public disorder and morality.
• An essential biological process for the production of plants or animals other than the biological process.

Question 14

Novelty of exception. OR Purpose.

Answer 14

s.11(4) of The Patent Act 1992: For medical use

Question 15

Right to fill for a patent

Answer 15

Anyone can fill for a patent either alone or jointly.
* The right to owner the patent belongs to the
but if the employee invents , the right to own the patent shall be determine by the state..
*if two people have made a patent application, the right of the patent shall belong to the person who made the earlier application.

Question 16

Non-disclosure of Patent to the public

Answer 16

• In here the public refer to anybody, corporate etc not related to the inventor or having any form of relationship with the inventor.
• Oral disclosure is also sufficient.

Question 17

Woolard`s application.

Merrell Dow V New Norton

Answer 17

• Woolard fillings an application and decides to withdraw it. lacked novelty because early application formed part of the state of the art.
• Merrell Dow v New Norton: Patent was anticipated

Question 18

s.12 Patent Act 1992. ( Disclosures that are allowed)

Answer 18

• Non-Prejudicial Disclosure
• A breach of confidence constituting the invention
• Displayed the invention at an international exhibition.

Question 19

Employee exception( Entitlement to a patent)

Answer 19

• An employee , the right shall be determined by the law of the state in which the employer has is place of business.
• if the employee was employed to invent it will be determined by the contract of service
• loyalty and fidelity to the employer.