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Intellectual Property Law

Intellectual Property Law (5th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 04 October 2022

p. 59920. Internal requirements for patentabilitylocked

p. 59920. Internal requirements for patentabilitylocked

  • L. Bently, L. BentlyHerchel Smith Professor of Intellectual Property, University of Cambridge
  • B. Sherman, B. ShermanProfessor of Law, University of Queensland
  • D. GangjeeD. GangjeeAssociate Professor of Intellectual Property Law, University of Oxford
  •  and P. JohnsonP. JohnsonProfessor of Commercial Law, Cardiff University

Abstract

This chapter deals with the internal requirements for patentability (that is, the focus is on the way the patent is drafted). It first discusses the sufficiency of disclosure, with particular reference to the scope of the patent monopoly, the ‘technical contribution’ made by the invention, and whether the invention is disclosed in a manner that is clear and complete enough for it to be performed by a person skilled in the art. It then turns to the form and content of the claims, with emphasis on the clarity and conciseness of the claims, whether they are supported by the description, and whether they relate to one invention. It also considers the requirement that the patent must not be amended to prevent it from acquiring additional subject matter or extending the protection conferred by the patent, along with restrictions on such amendments.

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