Author : Justine Pila
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2014
Category : Electronic
ISBN : OCLC:1376434806
The Requirement for an Invention in Patent Law by Justine Pila Pdf
Properly construed, the requirement for an invention in patent law sets the boundaries of the patent system in two ways. The first is by defining the categories of subject matter capable of supporting a patent, and the second is by restricting the protection conferred by a patent to subject matter conceived qua invention. In serving these functions, the requirement for an invention helps to fulfil the public benefit objectives of the patent system by mediating the balance struck by patents between individual patentees and the public. This book offers an analysis of the requirement for an invention in patent law and its development from before the first patent legislation of 1623 through the patent system's recent phase of Europeanisation. It includes a detailed study of the contemporary (EPC) requirement for an invention and its construction by the European Patent Office and UK Courts, and an analysis of the legal and methodological issues which they raise. It also places the EPC in its interpretive context, including its international statutory context. Finally, it concludes with some reflections on the nature of (and requirement for) an invention moving forward.