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Ultima descărcare din IBN: 2020-05-21 21:20 |
Căutarea după subiecte similare conform CZU |
347.77.012 (8) |
Drept comercial. Dreptul societăţilor comerciale (1292) |
SM ISO690:2012 MELINIC, Diana. Condiţia de brevetabilitate – aplicabilitare industrială / utilitate . In: Intellectus, 2001, nr. 6, pp. 23-26. ISSN 1810-7079. |
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Intellectus | ||||||
Numărul 6 / 2001 / ISSN 1810-7079 /ISSNe 1810-7087 | ||||||
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CZU: 347.77.012 | ||||||
Pag. 23-26 | ||||||
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A n invention is deemed to be patentable
if it fulfills the following three criteria:
! it is new;
! it involves an inventive activity;
! it is susceptible of industrial applicability.
Industrial applicability is the first criterium to
be examined.
Industrial applicability examination is based
on the application documents (description,
drawings, claims, and other possible details),
while the examination of the novelty and of the
inventive step requires a search as to determine
the prior art.
Lately, the “industrial applicability” requirement
overlaps the words “utility”, “disclosure”,
enablement” and even the word
‘invention” in the USA code.
Many countries have already established
several categories of inventions that can not
be patented for lack of industrial applicability,
such as:
! inventions with non-practical use;
! surgical and therapeutic methods of
human and animal treatment and methods
of diagnosis;
! handicraft;
! inventions utilized solely for personal use.
Some countries declare that for fulfilling the
“industrial applicability’ requirement:
a) a patent application shall comprise the
aim of the claimed object;
b) the application shall indicate the means
and the ways for the accomplishment of
the established aim specified in the claims;
c) the proposed aim has to be applicable
every time when fulfilling any claim.
Though we have mentioned that the “industrial
applicability” requirement and the
“utility” requirement have to overlap, some
countries do not provide the “industrial
applicability” requirement but only that of
“utility”.
Thus, the USA pays much attention to the
“utility” requirement. While examining this
condition of patentability they rely on paragraphs
101 and 112 of the US code.
On the contrary, other countries consider that
the “industrial application” concept is
different from that of the “utility”.
In Portugal, an invention is not treated from
the point of view of utility, i.e. one does not
examine it if such invention has some kind of
utility or if it favors the increase of the utility.
The utility notion is not recognized by the
Spanish legislation as well.
In conclusion to the materials cited above, we
must say that law on Patents for Invention No.
461/1995 and Regulations on the Application
of the Law on Patents for Invention in the
Republic of Moldova also provide the ”utility”
notion, which is considered for the analysis of
the patent application from the “industrial
applicability” point view.
“An invention shall be considered as susceptible
of industrial application if it can be used
in industry, agriculture or any other field of
human activity and have a specific, substantial
and credible utility”. |
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