標題: State of the art cf art section [打印本頁] 作者: Afrinrubi 時間: 2023-10-11 18:20 標題: State of the art cf art section Proves that: the conditions required to obtain a patent have not been met; the invention has not been presented clearly and comprehensively enough for the person skilled in the art to implement the invention; the patent was granted for an invention not covered by the content of the application or the original application; the patent claims do not define the subject of the requested protection in a clear and concise manner or are not fully supported by the description of the invention cf. art. section Industrial property rights.
Reasons for invalidating a patent also include the following: lack of novelty of the invention – An invention is considered new if it is not part of the Industrial Property phone number list Rights ; no inventive step - An invention is considered to involve an inventive step if the invention is not obvious to a person skilled in the art from the state of the art cf. art. section Industrial Property Rights ; lack of industrial applicability - An invention is considered to be industrially applicable if, according to the invention, a product or a method can be obtained.
In the technical sense, in any industrial activity, not excluding agriculture cf. art. Industrial property rights . IMPORTANT - not everyone has the right to apply for the invalidation of a patent, as they must have a legal interest in doing so, i.e. demonstrate one of the reasons provided for in Art. section Industrial property rights. The case law indicates that the specific features of a legal interest in administrative proceedings and administrative law are, firstly, the direct relationship between the situation of a given entity and the above-mentioned norm of substantive law on which the legal interest is built.
