[Patents] consultation questions

[pb@breese.fr (Pierre Breese)]

le 08/05/2001 18:16, Ram'on Garc'ia Fern'andez =E0 ramon@jl1.quim.ucm.es a
=E9crit=A0:

>=20
> I do not agree that EPO examiners are doing a good work. Maybe the
> programmer's concept and lawyer's concept of obvious are
> different.=20
=20
> Could you explain what is obvious from the point of view of
> a lawyer?
>=20
See the "examiners directives" concerning the "problem solution approach" :
1 - identifying the closest prior art document
2 - determining the objective problem not solved by prior art embodiment
3 - show the technical solution provided by the claimed invention
4 - verifying if the same solution to a similar "objective probleme" exist
in prior art.


>>> Pierre, I suppose that the kind of patents you are talking about is
>>> patent that cover the idea of a new product, right?
>>=20
>> No, patent does NEVER protect an IDEA (or a result). Patent protect only=
 a
>> new and inventive EMBODIMENT of an idea
>=20
> So the idea of the program, that is, the problem that we want to
> solve, in opposition to the solution, is not patentable?
>
Exactly. =20