What are the 3 criteria for a patent?
Patent Requirements: A South African patent may be granted for an invention that is new (novel), inventive and useful. Novelty can never be determined conclusively, but an indication of the novelty of your invention may be found by conducting a patent search.
What is the objective technical problem?
The objective technical problem is the problem that is solved by the invention to be evaluated, but not solved by the publication considered to represent the closest prior art. At this point no other prior art should be considered, no matter how well known.
What does patent mean in technology?
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
What is technical character?
Technical character results either from the physical features of an entity or (for a method) from the use of technical means. While an invention as a whole may possess technical character, it may nevertheless legitimately include both technical and non-technical features (T 641/00, OJ 2003, 352, T 1543/06).
What inventions Cannot be patented?
What cannot be patented?
- a discovery, scientific theory or mathematical method,
- an aesthetic creation,
- a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,
- a presentation of information,
What is a technical effect?
Technical effect has been defined as something that is more than the simple physical interaction between a program and a computer. In principle, this means that the software should enable the computer to do something it was unable to do, qualitatively or quantitatively, before.
What are technical problems?
Technical Difficulties are unforeseen equipment problems such as hardware failures or software bugs that make it difficult or impossible to perform a desired action.
What technologies can be patented?
Under these three types of patents, inventions relating to a process or method of creating a material or product, a machine, manufacturing, a composition, improvements, or unique designs can all be patented.
What is a technical invention?
A “technological invention” is any invention other than one that: – Does not produce a useful, concrete and tangible result; AND – Is not tied to a particular machine or apparatus; AND – Does not transform a particular article into a different state or thing.
What is a technical problem in engineering?
G‑VII, 5.4, and G‑VII, 5.4.1 ). The expression “technical problem” is interpreted broadly; it does not necessarily imply that the technical solution is an improvement to the prior art. Thus the problem could be simply to seek an alternative to a known device or process which provides the same or similar effects or is more cost-effective.
When can a technical problem be regarded as being solved?
A technical problem may be regarded as being solved only if it is credible that substantially all claimed embodiments exhibit the technical effects upon which the invention is based. Criteria for deciding whether lack of reproducibility of the claimed invention is to be treated under Art. 56 or 83 are explained in F‑III, 12.
What is a non-technical claim?
Where the claim refers to an aim to be achieved in a non-technical field, however, this aim may legitimately appear in the formulation of the problem as part of the framework of the technical problem to be solved, in particular as a constraint that has to be met (see G‑VII, 5.4, and G‑VII, 5.4.1 ).
How to assess the obviousness of reformulated technical problems?
The obviousness of the claimed solution to that reformulated problem must then be assessed in the light of the cited prior art (see T 87/08 ). The extent to which such reformulation of the technical problem is possible has to be assessed on the merits of each particular case.