Non-prejudicial disclosures: in search of a harmonized approach
The purpose of this paper is to study the condition of novelty through the analysis of the current situation of non-prejudicial disclosure provisions in several legislations, namely the America Invents Act, the European Patent Convention, and the Andean Decision 486 of 2000 of the Andean Community....
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| Format: | Article |
| Language: | English |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7014470 |
| Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 26 (Julio-Diciembre), 2018, pags. 47-73 |
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| Summary: |
The purpose of this paper is to study the condition of novelty through the analysis of the current situation of non-prejudicial disclosure provisions in several legislations, namely the America Invents Act, the European Patent Convention, and the Andean Decision 486 of 2000 of the Andean Community. Novelty is one of the pillars for validity of patents. An invention must be new to be protected under patent law. The prior art to the date of patent filing is commonly the framework for novelty examination. However, non-prejudicial disclosure provisions can prevent damaging the novelty of an invention by elements that would have done so otherwise. The development of these provisions is heterogeneous and there are notable gaps among them. Harmonization in this respect will be helpful for applicants and their predecessors in title to assure the protection of their invention at an international level. |
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