Patentability Requirements
What is the requirement that an invention must be new and not disclosed before?
Novelty
What is the maximum time allowed to claim priority from a first filing under the Paris Convention?
12 months
Which type of patent protects the appearance of a product rather than its function?
Design patent
What is the primary goal of patent valuation?
To estimate the economic value of a patent or portfolio
What is typically considered patent infringement?
Using a patented invention without permission
Which standard is used to assess if an invention is obvious or not?
Person skilled in the art
What international treaty allows a single patent application to seek protection in multiple countries?
Patent Cooperation Treaty (PCT)
What is the primary difference between a patent and a utility model?
Utility models generally require a lower inventive step and faster granting
Name one of the three main methods used for patent valuation.
Income method, market method, or cost method
Which body is primarily responsible for enforcing patent rights?
National courts
Name one type of disclosure that does NOT destroy novelty under EPC.
onfidential use under a non-disclosure agreement
Which office typically conducts the international search under the PCT system?
European Patent Office (EPO) or other International Searching Authorities
Can business methods be patented under EPC?
No, unless they have a technical character
What does the income method estimate?
The net present value of the future income generated by the IP
What is a preliminary injunction in IP litigation?
A temporary court order to stop alleged infringement before trial
What does “industrial applicability” mean in patent law?
The ability of the invention to be made or used in some kind of industry
What happens if the priority period is missed?
Loss of the right to claim priority and the filing date becomes the actual filing date
Are plant and animal varieties patentable under EPC?
No, they are generally excluded
What is a limitation of the market method?
Lack of comparable patent transactions
Name one common defense against patent infringement claims.
Patent invalidity
What is the purpose of the problem-solution approach in assessing inventive step?
To identify the closest prior art, define the technical problem, and assess if the solution is obvious
What is a divisional application in the context of European patents?
A subsequent application filed for an invention disclosed in an earlier application but claiming a different invention
Which intellectual property right protects confidential business information without registration?
Trade secrets
Why is it important to consider the remaining patent term in valuation?
Because it affects the time the patent can generate income
What is the doctrine of patent exhaustion?
After the sale of a patented product, the patent owner’s rights over that specific item are exhausted