[%TAGS (074db819ec% %074db819ec) %]
(074db819ec% IF user.email && action == 'arc' %074db819ec)
(074db819ec% END %074db819ec)
- From: PILCH Hartmut phm@a2e.de
- Subject: [Patents] definition of 'invention' for Art 52
- Date: Sun, 12 Nov 2000 12:58:07 +0100 (CET)
Under http://swpat.ffii.org/stidi/epue52/ you find a somewhat complicated
proposal for rewriting Art 52 EPC.
The following definition is simpler and needs only one sentence for
everything:
An invention is a teaching about how to use natural forces in a novel
way to directly cause a result which could not have been predicted by
deduction from prior knowledge.
This also links non-obviousness aka inventivity directly to the invention
concept.
Is there any reason not to write this into EPC Art 52?
Any better formulation?
Otherwise, I think that this should be written onto the consultation page and
people should be asked to endorse this definition, for use in the EC directive
as well as in Art 52.
Art 52 would then be
(1) European patents are granted for inventions.
An invention is a teaching about how to use natural forces in a novel
way to directly cause a result, which could not have been predicted by
calculatory deduction from prior knowledge.
An invention must be new, be based on inventive activity and be destined
for
industrial application.
(2) Especially the following are not inventions in the above sense
a discoveries as well as scientific and mathematical theories and methods
b ...
c ...
d ... computer programs
e manual or intellectual services rendered by medical doctors, lawyers,
...
(3) [ deleted and transferred to the guidelines ]
(4) [ transferred to 2e above ]
---
German version of the invention definition:
Eine Erfindung ist eine Lehre darueber, wie man Naturkraefte in
neuartiger Weise zur unmittelbaren Verursachung eines nach
bisherigem Wissensstand nicht rechnerisch vorhersehbaren Erfolges
einsetzen kann.
What about French and other languages?
-phm
- [Patents] definition of 'invention' for Art 52, PILCH Hartmut phm
(074db819ec%|loc%074db819ec)Archive powered by(074db819ec%END%074db819ec) MhonArc 2.6.16.
(074db819ec%TAGS [% %]%074db819ec)