2013Vojnotehnicki glasnikOpen access

Patentability conditions for the invention protection

Obrad Čabarkapa, Dalibor P. Petrović, Marina S. Dunjić

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Abstract

Inventions are the results of creative work protected by patents or petty patents, provided that the patent was filed. Inventions are the kinds of innovations of a technical character because they offer solutions for technical problems and they can relate to any area of technology. In its essence, each invention has specific technical characteristics (precisely defined through patents claims) that are sought to be protected. Patent protection is the right which admits the holder to achieve the goal of economic exploitation of the invention. In order to get the invention patent protection, an invention should be patentable, i. e. it should meet the following requirements: the existence of the invention, novelty, inventive step and industrial applicability of the invention. In general, the study of these conditions should start from the national legislation in the area of patent protection which specifies what cannot be considered as an invention and what cannot be protected by a patent or petty patent. The examination of patentability is done in a particular stage of the examination procedure by experts in the technical field which the invention relates to. If all the required conditions are met, it is said that the invention is patentable and that the patent protection is possible.

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What this paper is about

Inventions are the results of creative work protected by patents or petty patents, provided that the patent was filed. Inventions are the kinds of innovations of a technical character because they offer solutions for technical problems and they can relate to any area of technology. In its essence, each invention has specific technical characteristics (precisely defined through patents claims) that are sought to be protected. Patent protection is the right which admits the holder to achieve the goal of economic exploitation of the invention. In order to get the invention patent protection, an invention should be patentable, i. e. it should meet the following requirements: the existence of the invention, novelty, inventive step and industrial applicability of the invention. In general, the study of these conditions should start from the national legislation in the area of patent protection which specifies what cannot be considered as an invention and what cannot be protected by a patent or petty patent. The examination of patentability is done in a particular stage of the examination procedure by experts in the technical field which the invention relates to. If all the required conditions are met, it is said that the invention is patentable and that the patent protection is possible.

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Available abstract

Inventions are the results of creative work protected by patents or petty patents, provided that the patent was filed. Inventions are the kinds of innovations of a technical character because they offer solutions for technical problems and they can relate to any area of technology. In its essence, each invention has specific technical characteristics (precisely defined through patents claims) that are sought to be protected. Patent protection is the right which admits the holder to achieve the goal of economic exploitation of the invention. In order to get the invention patent protection, an invention should be patentable, i. e. it should meet the following requirements: the existence of the invention, novelty, inventive step and industrial applicability of the invention. In general, the study of these conditions should start from the national legislation in the area of patent protection which specifies what cannot be considered as an invention and what cannot be protected by a patent or petty patent. The examination of patentability is done in a particular stage of the examination procedure by experts in the technical field which the invention relates to. If all the required conditions are met, it is said that the invention is patentable and that the patent protection is possible.

Key concepts: Patentability, Invention, Patent application, Novelty, Legislation, Intellectual property, Engineering, Patentable subject matter

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