Análisis de la tarea educativa

This is simply a concise summary of the matter contained in the specification, normally not exceeding 150 words. It must also indicate the technical field two which the invention belongs and should be clear about the technical problem and give some idea of the solution to that problem and the principal use (s) of the invention.

4.0 CONCLUSION

Patent is the protection that is available to an inventor after his money, time and skill have been used in the course of the work concerned. A patent therefore is not necessarily a license to print money, and a great deal of market research and economic judgment is essential before embarking upon the development of inventions.

Patent is a way of acquiring monopoly right, that encourages research and invention, it also induces an inventor to disclose his invention, also offers a reward for the expenses of

33

developing inventions and finally provides inducement to invest capital in new line of production.

5.0 SUMMARY

The word patent has been defined in this unit and its nature was not left out of the explanation of the concept. The history of the patent was also well expatiated. And the justification of the patent rights was also not left out of this discuss and the practical consideration of getting a patent was also discussed in this work, particularly this unit.

6.0 TUTOR MARKED ASSIGNMENT

1. Summaries the historical development of patent.

2. Explain in outline the procedure of granting patent.

7.0 REFRENCES/FURTHER READING

• David I Bainbridge, Intellectual Property (Sixth Edition) Pearson Education Limited (2007).

• William Cornish and David Llewelyn, Intellectual Property: Patents, Copyright, Trademarks and Allied Rights (Sixth Edition) London: Sweet & Maxwell (2007).

• Helen Norman, Intellectual Property University of London Press (2005).

• Patent and Design Act, 1977

34

Unit 3

Patentability Contents

1.0 Introduction 2.0 Objective 3.0 Contents

3.1 Novelty

3.2 Inventive steps

3.3 Industrial Application

3.4 Exclusion from Patentability

4.0 Conclusion 5.0 Summary

6.0 Tutor Marked Assignment 7.0 References/Further Reading

1.0 INTRODUCTION

There are certain criteria’s to be fulfilled before an invention is said to be patentable. That is it can be pass for protection under the law, or where there is an action for infringement.

There are four main basic requirements for patentability that is Novelty, inventive step, industrial application and exclusion from patentability. It is however pertinent to note that

35

all four requirement must be fulfilled in an action for patent or before granting a patent protection for an invention. The first three is positive and the last which is excluded from subject matter.

It is important to explain the requirement of inventive step and that of an invention been capable of industrial application and lastly the criteria of exclusion from patentability.

2.0 OBJECTIVE

The main objective of this unit is for learners to be able to discuss the word invention which is the main criteria in a patent right and also the requirement for patentability, that is from novelty to inventive step also industrial application and finally to exclusions from patentability.

3.0 CONTENT

Generally, the word invention will be discussed in this unit before moving to the criteria of patentability. We will first and foremost define the word invention.

The word invention has not been offered a major definition by the Patent Act 1977; and also the Patent and Design Act Cap 344 LFN 1990. However a dictionary meaning has been ascribed to the word. Advance learners dictionary has defined invention as “an

imaginative design, or product or innovation or something produced for the first time.”

Sec I of PDA, 1990 describes the kind of an invention that will be patentable.

36

Schmookler J, (1986) Invention and Economic Growth, Harvard University Press subdivided invention into two Main categories that is process invention and product invention.

Process inventions are new ways of producing something old and product inventions are old ways of producing something new. Note that invention is a term of art in patent law and is used in a special way which may vary according to the particular context.

In Chiron Corp v. Organon Teknika Ltd (No 12) 1996 FSR 153, where it was said that an invention is simply the outcome of satisfying the patentability criteria.

3.1 Novelty

Generally for a novelty to exist in an invention then the invention must be new and whether the invention is new has been ascribed a special meaning under the Patent Act 1977 sec 2(1) and PDA 1990 sec 1(2) (a) which state that an invention is new, if it does not form part of the state of the art. And sec 2(2) and sec1(3) respectively describe the state of the art as means everything concerning that art or field of knowledge which has been made available to the public before the priority date of the invention either by written or oral description anywhere and at any time whatever by use or in any other way.

The meaning of “the public” in this sec 2 was further explained by Aldous J, in PLG Research Ltd v. Ardon (1993) FSR 197, to form part of the state of the art, the information given must have been made available to at least one member of the public who was free in law and equity to use it. Hence in Union Carbide/Atmospheric Vaporiser (1991)EPOR 373,

37

novelty was not destroyed where an invention located on private property was viewed through a fence.

However, in a claim for patent there are two main issues to be viewed that will be viewed critically that is; Prior Art and Anticipation.