Application to a Patent: Nonprovisional application for a Patent: It must be submitted in English, or be accompanied by a translation in English with a statement that the translation is accurate. Additionally, the corresponding fee must be paid. The application shall be written, and it must include: The Utility Patent Application Transmittal Form or Transmittal more…
Under the Andean Community, the patent application may only relate to one invention or to a group of inventions so related as to constitute a single inventive concept. This is called “unity of invention”. Requirements of an application under the Andean Community: The application for a patent shall be filed with the competent national office, more…
A European patent application may be filed with the European Patent Office. If the law of a Contracting State permits so, and subject to the dispositions regarding Divisional Patent Applications, applications may be also filed with the central industrial property office or other competent authority of that State, which shall have the same effect as if more…
Rights: Term of protection: The US Regimen contemplates three different kinds of patents, each one with its own characteristics and time of protection, as it can be seen on the following chart: Rights conferred: Under the US Regime, the rights conferred to the patentee are the rights to exclude others from: Making; Using; Selling; Offering more…
This information has been taken from: THOMAS, John R. (2014) Compulsory Licensing of Patented Inventions. CRS – Congressional Research Service. Available in: https://www.ipmall.info/sites/default/files/hosted_resources/crs/R43266_140114.pdf The Title 35 of the US Code does not include a general compulsory licensing provision. However, a series of circumstances must be taken on account when addressing the US Compulsory Licensing Regime. more…
The application is required to be made or authorized by the actual inventor of the claimed subject matter. Also, the inventor must sign a statement, under oath, that acknowledges the duties attendant to obtain a patent, as required under §§111 – 115 of the United States Code. Even though the proprietary rights of a patent more…
Unlike the requirements of the Andean Community or under the European Patent Convention, under the United States system Patents shall be granted for inventions, designs or plants whose subject matter is susceptible to be patentable, are new and fulfill the requirement of non-obviousness. Patentable Subject Matter: Whoever invents or discovers any: New and useful process, Machine, Manufacture or more…
The European Patent Convention does not contain any disposition related with a Compulsory License Regime, which means that it is not possible to issue a Compulsory License under the EPC regime. Therefore, each country shall regulate the Compulsory Licenses Regime on a national level. In that regard, the European Commission answered to a series of more…
What is compulsory licensing? The grant of a Compulsory License means that government allowed someone else to produce the patented product or process without the consent of the patent owner. Under the Andean Community provisions, a Compulsory License may be granted only Three years after the grant of the patent, or four after the application more…
Rights: Under the European Patent Convention, the grant of a Patent confers to the owner the following rights: Term of Protection: 20 years from the date of filing of the application. Contracting States have the right to extend the term of a European Patent, or to grant corresponding protection which follows immediately on expiry of more…
