Condiţia de brevetabilitate – aplicabilitare industrială / utilitate
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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

Condiţia de brevetabilitate – aplicabilitare industrială / utilitate
CZU: 347.77.012

Pag. 23-26

Melinic Diana
 
Agentia de Stat pentru Proprietatea Intelectuala a Republicii Moldova (AGEPI)
 
 
Disponibil în IBN: 30 noiembrie 2013


Rezumat

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”.