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Sayfa 26c. Novelty
Novelty is a critical prerequisite for the patentability. If the invention falls…
An invention cannot be patentable if the absence of its novelty is proved. The TRIPS…
“Therefore, Members shall provide, in at least one of the following circumstances, that any identical product when produced without the consent of the patent owner shall, in the absence of proof to the contrary, be deemed to have been obtained by the patented process:…
(a) if the product obtained by the patented process is new;…”…
As to understand, it is not something that can be evidenced and the proven fact can…
“Prior Art” or the “background art” as expressed by the Board of Appeal of the EPO
(1) “by a description of the invention in a published writing or publication in other form.”…
(2) “by a description of the invention in spoken words uttered in public, such a disclosure being called an oral disclosure.” (3) “by the use of invention in public or by putting the public in a position that enables any member of the public to use it, such a disclosure being a disclosure by use.”…
With all said, it is argued whether a solution to a technical problem which is recognised…
b. Industrial Applicability
d. Inventive Step-Non Obviousness
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