Diagnosis methods of medical treatment living matter

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Unformatted text preview: nder the Patent Act – Patentable subject matter • • – • – • Useful, inventive, novel Not patentable under the Patent Act – • Invention Improvement on existing idea Natural law, scientific principle, abstract theory Computer program An idea per se, cannot be patented A scientific principle or abstract theorem cannot be patented UNIVERSITY OF ALBERTA PATENABILITY • Courts have contributed to definition of “invention” – Forms of energy • – Human conduct • – – – – Electromagnetic acoustic signals, electric current Surgical steps vs. diagnosis Methods of medical treatment Living matter Business methods Software UNIVERSITY OF ALBERTA PATENTS – REQUIREMENTS • An inventor must show that the invention is: – Novelty (New) • • – Inventive (Ingenuity) (Non-obvious) • • – That no other inventor can have obtained a patent for the same invention Not previously known to public Not obvious to propel fluent in technology That the subject matter of an invention was not obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains Useful (Utility) Useful function and functional UN IVER• ITY OF ALB ERTA S PATENT APPLICATIONS • 3 Parts – (1) Specifications (the “disclosure”) • • • • Describing the state of the art invention, and the problem to be solved Describing the invention, how it is made or put into practice, how it works, how it solves a problem, and how distinguished from prior art The subject-matter defined by a claim in an application for a patent in Canada must not have been disclosed… Timeliness – – Previous or upcoming disclosure? (one year grace period) Potential competitor (first to file system) UNIVERSITY OF ALBERTA PATENT APPLICATIONS • (2) Drawings – – – Illustrating the components and the operation of the invention Patent drawings follow a particular style U.S. Patent No. 8,011,991 “Apparatus for facilitating the construction of a snow man/woman” UNIVERSITY OF ALBERTA PATENT APPLICATIONS UNIVERSITY OF ALBERTA PATENT APPLICATIONS • (3) Claims – The claims are the heart of the application • • Primary focus of the examination Defines monopoly being sought – – – Sets out embodiment of the invention the inventor considers new and non-obvious, what is being sought for protection Anything described but not claimed is deemed surrendered to the public domain Detailed Description • Correctly and fully describe the invention in such full, clear, and concise terms as to enable a skilled person to make, use, or sell it – “enabling disclosure” UNIVERSITY OF ALBERTA PROVISIONAL APPLICATIONS • Provisional – – – • Benefits? – – • Allows the inventor to get “something” on file Typically filed before impending disclosure Never published/examined Low cost way to get “patent pending” Priority, one-year grace period (have one year to file complete application RISKS!! “Enabling disclosure” requirements must still be met UNIVERSITY OF ALBERTA – Additional filing fees must still be paid upon – PATENT INFRINGEMENT • • • Patent infringement claims: the means by which patent holders enforce the monopoly on their inventions Validity of the patent is often challenged by defendants in patent disputes Courts will go through a process of claims construction – – What is the patent claiming as the invention? Does the allegedly infringing product appropri...
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This document was uploaded on 01/23/2014.

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