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12 Cards in this Set
- Front
- Back
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Article 27.1 - Patentable Subject Matter |
Patents are available for any invention (product or process) provided they are new , non-obvious (inventive-step), and useful (industrial application). NO discrimination as to the place of invention, or the field of technology or of the products if they are imported or locally produced |
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Article 27.2 - Exclusions from Patentability |
May exclude commercial exploitation to protect ordre public/morality May exclude to protect serious prejudice to the environment (not merely because of law) |
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Article 27.3 - Other Exclusions from Patentability |
(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals (b) plants and animals other than micro-organisms, essentially biological processes for the production of plants or animals other than non-biological and microbiological processes but must provide for plant variety protection through patents or sui generis system or combo thereof |
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Article 28.1 - Rights Conferred |
A patent shall confer on its owner the following exclusive rights: (a) Products - right to prevent third parties from making, using, offering for sale, selling or importing the product (b) Process - right to prevent third parties from using the process, and using, offering for sale, selling, or importing the product obtained directly from the process |
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Article 28.2 - Transfer of Rights |
Patent owners shall have the irght to assign, transfer by succession, the patent and also to conclude licensing contracts. |
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Article 29.1 - Conditions on Patent Applicants |
A patent applicant must disclose the invention in a sufficiently clear and complete manner so it is able to be carried out by a PHOSITA and may require best mode known as of the filing/priority date |
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Article 29.2 - Corresponding Foreign Applications/Grants |
Patent applicants may be required to provide information concerning the applicant's corresponding foreign applications and grants |
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Article 30 - Exceptions to Rights Conferred |
"Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties." |
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Article 31 - Other Use w/o Right Holder Authorization (i.e., compulsory license) |
Unauthorized use by government or third-parties authorized by the government must respect: (a) authorization of unauthorized use must be considered on individual merits;(b) must seek reasonable commercial terms prior to granting unauthorized use; unless national emergency/extreme urgency;(c) limited scope (specific for semi-conductor);(d) non-exclusive use;(e) non-assignable;(f) predominate supply of domestic market; (g) generating circumstances cease, unauthorized use ceases; (h) adequate remuneration; (i) grant of unauthorized use subject to judicial review; (j) remuneration subject to judicial review; (k) (b) and (f) don't apply to anticompetitive determinations; (l) [patent overlap] |
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Article 32 - Revocation/Forfeiture |
An opportunity for judicial review of any decision to revoke or forfeit a patent shall be available. |
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Article 34 - Process Patents: Burden of Proof |
1. Judicial authorities have the authority to order defendants to prove a process used to obtain an identical product is different from the patented process; if the def. cannot prove it it will be deemed infringing 2. burden on alleged infringer only if product obtained by process is new or if strong likelihood and no ability to uncover actual process 3. Trade secrets should be protected in uncovering the def.'s process |
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Article 33 - Term of Protection |
Twenty years from filing date. |
