What are Patentability Criteria?

Let’s talk about the basic concepts first:

Innovation: Universal, absolute innovation that defines knowledge that has not been presented to the public in any way before. The subject of the invention is new if it is not included in the “state of the art”. 

State of the art: It is defined as a product used, produced, or sold with direct or indirect written or verbal information that is accessible to the public. An invention that does not belong to the state of the art is considered new.

The initial contents of the national patent and utility model applications published on or after the patent application date and dated before the patent application date are also included in the state of the art. The national patent and utility model applications mentioned here also include applications made through international and regional agreements and duly entering the national stage, and patent and utility models. These documents are not used in the inventive step evaluation. According to the expert, it means not obvious.  6 Ways To Foster Creativity and Innovation In Your Company

If the invention is the result of an activity that cannot be easily deduced from the state of the art by an expert in the related technical field, it is considered to meet the inventive step criterion. 

Expert in the technical field: It is described as a caring practitioner who has general knowledge in the relevant field of the technique, has access to everything in the state of the art, has the capacity to do routine research and applications, and does not have the ability to invent. 

Applicability to industry: The invention can be produced or used in any branch of industry, including agriculture. The subject of the invention must be suitable for or enable an industrial type of activity. Samsung Galaxy Z Fold Multi-Folding Phone

What is Innovation Assessment?

In evaluating whether an invention is new, first of all, the state of the art is determined. The state of the art is compared with the invention described in the first claim of the patent application to determine whether the invention is different. If there is a difference, the invention is new.

For example, suppose the invention is an erasing pen. Thanks to the eraser on the back of the pen, there is no need to carry an additional eraser, providing practical use.

Suppose the first claim of the patent application for this invention is:

A tip pen is characterized by an eraser fixed to the rear end of the stem, comprising a stem and a pressing mechanism that allows a graphite tip to be driven into an opening in the stem end.

As a result of the research, let’s assume that a pencil is explained in the first document and a pencil with an eraser is explained in the second document. Thus, the pen and eraser pencil is in the state of the art.

Since the first document and the second document do not disclose an erasing pen, the invention is new to these documents. Birthday Gift Ideas for Boyfriend with Natural Stones

How is the Inventive Step Evaluation Made?

In the evaluation of the inventive step, first of all, the closest technical document to the state of the art is determined. In the selection of the closest technical document, criteria such as being in the same technical field as the subject of the invention and providing the best starting point are sought. 

The method used to determine the inventive step; is a Problem-Solution Approach approach. In this approach, the closest technical document, the elements of the invention that differ from the closest technical document, and the technical problem solved with these elements are determined and it is questioned whether the expert in the art can clearly reach the invention by using the information described in the previous art. How to E-Export to America?

Let’s take an example of a stylus pen, which we determined to meet the innovation criterion according to previous technical documents. The first claim of the patent application for this invention was as follows:

A pencil is characterized by an eraser fixed to the rear end of the body, comprising a stem and a pressing mechanism that allows a graphite tip to be driven into an opening in the stem end.

By examining the elements of the first claim in which the invention is explained, elements that differ from the known technique described in the first and second documents are determined. In this case, the invention differs from the first document with an eraser fixed to the rear end of the body and from the second document in that it is a pencil with a push mechanism. 

The first document provides the best starting point for arriving at the invention. For the inventive step evaluation, the first document in which the tip pen is explained is selected as the closest technical document.

The invention differs from the nearest technical document with an eraser element fixed to the rear end of the body. The technical effect provided by this differentiated element is to provide a practical use that does not require carrying an eraser. So, the technical problem solved is also how to provide a practical use that does not need to carry the eraser. 

The pencil described in the second document includes an eraser fixed to the rear end of the body, thus providing ease of use without the need to carry an additional eraser. In other words, the second document offers a solution to the technical problem of how to provide a practical use that does not require carrying an eraser, by fixing an eraser on the rear end of the body.

The person skilled in the art can easily deduce the invention of the stylus using the information described in the first and second documents. Therefore, it will be thought that the person skilled in the art will obviously reach the invention of the eraser tip pen from the known state of the art, and the invention of the eraser tip pen cannot be patented on the grounds that it does not meet the inventive step criterion.  Entrepreneurship Ideas for Young People

What Does Industrial Applicability Mean? Is It Necessary to Produce the Invention?

Applicability to industry; the invention can be produced or used in any branch of industry, including agriculture. The subject of the invention must be suitable for or enable an industrial type of activity. Topics such as how the invention can be applied, where it can be used, and how the invention can be utilized should be specified.

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