The prior art of the patent refers to the same or similar invention [which may be in various forms] that is generally disclosed or disclosed to the public prior to the patent filing date. Patents cannot claim that they are already in use or in use, such as Indians, using slaked lime paste containing Paan, * cannot be patented with patents or similar variants. The promise behind the patent system is to reward inventors for making their inventions public. It must be novel and not obvious, otherwise rewarding a patent for something that already exists can defeat the purpose of the patent.
What is existing technology and what is not
The prior art must be public and public. Trade secrets and unpublished works are generally not considered prior art. The search will include records of previous patents, from trade journals, academic journals, research reports, catalogues, published creative work and discussions, trade shows or public use or sales of content anywhere in the world.
In this 7 billion big bad world, how do individuals or organizations sitting in the corner of the world ensure that the R&D they plan to implement has been developed by others or not in another part of the world? To make matters worse, in many accidents, scientists realized at the end of their research that their new concepts were never unique, and others already had the exclusive right to what they always thought was their own.
There are many interesting anecdotes about the existing art search in history. This is a famous one.
Donald Duck and table tennis
In December 1965, a cargo ship carrying 5,000 sheep sank in a freshwater port in Kuwait. The ship must rise quickly from the bottom of the sea, not only considering the cost of the ship, but also the damage of fresh water. Thousands of sheep have been rotted and may contaminate Kuwait's drinking water supply. A Danish engineer and inventor Karl Kroyer was welcomed. He and his team lifted the vessel by pouring 27 million micro-aerated polystyrene [such as buoyancy balls] through the pipe into the hull. The program works and makes headlines in media around the world.
For successful ship lift methods, Kroyer applied for patents in the UK, Germany and the Netherlands. Although he obtained patents from the first two countries, his application was returned by the Dutch Patent Office. The office rejected the application for a similar invention in the 1949 Donald Duck comic strip, where Donald and the nephew showed the sunken yacht by filling the table tennis. The Dutch Patent Office did not find new inventions and denied patents on prior art evidence.
Prior art reference
Like an unexpected comet, the existing technology may come from anywhere. There are many references to non-patent literature that wins such cases. A non-patent document refers to a document that is not an idea of a patent or its application. Therefore, the analysis of these documents is also very important. Professional legal outsourcing companies like VeeLPO can find non-patent references by implementing existing technical services with expert resources and expertise.
Orignal From: Prior art search: its significance in protecting intellectual property rights
No comments:
Post a Comment