Before a patent can be applied for an invention, the invention must meet the legal requirements to be patented. These legal requirements are that the invention must be novel, involve an inventive stage and be capable of industrial application. The examination report or the supplementary examination report shall indicate whether the invention meets the statutory patentability requirements. The bar association requires that the patented item has no longer been for public use or is for sale in the U.S.
UU. In addition to disclosing sufficient 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 the licensee of a patent does not have to violate the terms of the contract to comply with the actual controversy requirement and challenge the licensed patent in court. If the examination report (or the supplementary examination report) indicates that the application meets the statutory patentability requirements, the Registrar will formally inform the applicant that they are eligible for the grant of the patent.
The qualification 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 time frame at some point in the application process, the patent application will be considered abandoned. Congress added the requirement of no-brainer to the patentability test with the enactment of the 1952 patent law. On the other hand, the examination process consists of the patent examiner determining, based on the search report, whether the applicant's invention meets the legal requirements to be patented, that is, it is novel, has an inventive step and is capable of being applied at an industrial level.
The requirement of patentable matter addresses the question of what types of inventions will be considered for patent protection.