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Standard for Awards for Patents

Autor:   •  November 3, 2018  •  736 Words (3 Pages)  •  433 Views

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means that a patent cannot be granted merely because an invention is created for academic purposes or merely an idea of a new invention yet cannot be implemented in the industry. The invention must also be effective then its prior art and must be able to generate more income in its application. An example of such an invention can be the ball pens. Before the ball pens were invented, individuals used feather quills and ink. However, the invention of ball pens was applicable for patents as it was a method that was more efficient and as compared to the feather quills and the ball pens were also applicable in the industry.

Invention must be reproducible

To be patentable, an invention is also required to be reproducible. To be reproducible means that the invention must be intended for applicability in the long term and not merely for the application of the patent. This means that any skilled person in the art, when given the right resources, should be able to recreate the invention or the expected result. This standard is significant as it preserves the fairness in the patent system. An expired patent may become available for anyone to commercialize.

Invention is not excluded by Statue

An invention may in some cases fulfill all the above mentioned standards but may not be rewarded a patent on the basis that it is excluded by statute. To be excluded by statute simply means that it is not permissible by law. As such, most inventors do not have to worry about whether their inventions are non-statutory. For most authorities, statute identifies four classes of inventions that are patentable namely processes, machines, articles of manufacture, and compositions of matter. If an invention does not fall within one of these four categories, the invention is not patentable.

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