Definition and interpretation of patentability criteria are different from country to country although the criteria by words remains almost same ie i) Novelty ii) Inventive step or Non obviousness and iii) Industrial application.
As per indian patent law definitions are defined as below
"invention" means a new product or process involving an inventive step and capable of industrial application.(Section 2(1))
"inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes theinvention not obvious to a person skilled in the art. .(Section 2(1)(ja))
"capable of industrial application", in relation to an invention, means that the invention is capable of being made or used in an industry. (Section 2(1)(ac))
Other than these few terms defined in the indian patent law are as under
"legal representative" means a person who in law represents the estate of a deceased person.Section 2(1)(k)
"assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person. (Section 2(1)(ab))
"patentee" means the person for the time being entered on the register as the grantee or proprietor of the patent. (section 2(1)(p))
"true and first inventor" does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India. (section 2(1)(y))
No comments:
Post a Comment