Professional Documents
Culture Documents
Wipo Ip CNX 17 3
Wipo Ip CNX 17 3
Requirements for
Patentability and typical
Parts of a Patent Chiang Mai,
October 2, 2017
Application
Atif W. Bhatti
Associate Legal Officer, Patent Law Section, WIPO
2
Overview
National Law
Exceptions to Patentability
Novelty
Inventive Step
Industrial Applicability
3
National Law
Exceptions to Patentability
Exceptions to Patentability
Software!
Novelty
An invention is new/novel if
Novelty
Absolute Novelty
No publication of the invention anywhere in the world
by means of written or oral description, by use,
or in any other way
Novelty
Novelty
Examples:
Presentation at a conference
Novelty
Novelty
12
Novelty
Novelty
Example:
Invention = wooden chair with seat and four legs with
two rails (a rocking chair)
Reference X: wooden chair with seat and four legs
Reference Y: chair with four legs with two rails
Is Invention novel?
14
Novelty
Invention is novel
Why?
Novelty
Novelty
Priority example
0 12 File
applications
abroad
File local
application
Inventive Step
Inventive Step
Obvious?
Inventive Step
Example:
Invention = wooden chair with seat and four legs with
two rails (a rocking chair)
Reference X: wooden chair with seat and four legs
Reference Y: chair with four legs with two rails
Industrial Applicability
Title
Introduction
Background Art
Short description of the invention
Short description of the figures
Detailed description
Claims
Drawings
22
Title
Very general
Broad
Neutral
Generic
23
Introduction
Very broad
Very short
24
Background Art
Detailed description
Claims
Drawings
Atif W. Bhatti
Associate Legal Officer
Patent Law Division
WIPO, Geneva
atif.bhatti@wipo.int