Before an invention can be patented, it must meet certain legal requirements. These requirements are that the invention must be novel, involve an inventive step, and be capable of industrial application. The examination report or supplementary examination report will indicate whether the invention meets the statutory patentability requirements. The bar association also requires that the patented item has not been in public use or for sale in the U.
S. In addition to disclosing enough information so that others can practice the claimed invention, the patent applicant must disclose the best way to practice the invention. Genetech (05-60) argued that a patent licensee does not have to breach the terms of the contract to meet the actual controversy requirement and challenge the licensed patent in court. If the examination report (or supplementary examination report) indicates that the application meets the statutory patentability requirements, the Registrar will formally inform the applicant that they are eligible for a patent grant. The disclosure requirement is directly related to the specification or disclosure which must be included as part of every patent application.
If the applicant fails to submit the required documents within the specified timeframe at any point in the application process, then the patent application will be considered abandoned. Congress added a non-obviousness requirement to the patentability test with the enactment of the 1952 Patent Law. On the other hand, during examination, a patent examiner will determine based on a search report whether an applicant's invention meets legal requirements for patenting, i.e., it is novel, involves an inventive step, and is capable of industrial application. The requirement of patentable matter addresses what types of inventions will be considered for patent protection.
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