Page 31 - IP-HANDBOOK-07-2018

New and a solution to a technical problem
What is a new solution to a technical problem ?
In order for an invention to receive patent protec- tion, it has to meet the following legal requirements:
1. The invention is new to the world:
The invention was never done before, it was not presented to others in a meeting, a lecture or at an
2. The invention represents a technical advance over what was previously known (technical and non-obvious).
An invention can be an apparatus, a product, a method or process or an incremental improvement to a known product or process. The invention must
HOW TO CREATE A PATENT
exhibition, it was never written about it, it was not broadcasted or in any form disclosed or made avai- lable to the public. The invention was not known in its technical field - then it does not form part of the prior art. Keeping the invention secret until the patent application is filed is crucial. Generally, any disclosure of an invention to a third party before patenting will jeopardize patentability. If the in- volvement of third parties is absolutely necessary confidentiality agreements need to be signed before any information about the invention is given. If third parties are involved in the invention process the res- pective agreements should include the assignment of the rights to our company.
involve an inventive step which means that it could not be obviously deduced by a person with average knowledge in the technical field.
3. It can be made or used.
The invention must be capable of being used for an industrial or business purpose. It must have a prac- tical application.
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