By Spruson and Ferguson Patent and Trade Mark Attorneys
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Extra info for Biotechnology Intellectual Property Manual
Novelty The EPC adopts an absolute novelty requirement. An invention is to be considered novel if it does not form part of the state of the art. The state of the art comprises anything made available to the public anywhere in the world before the priority date either by written or oral description or by use (or in any other way). There are savings provisions for unauthorised disclosure and disclosure at a recognised international exhibition. 34 DETYA NHMRC Novelty (Europe) • European Patent Convention operates under an absolute novelty requirement Biotechnology Australia Biotechnology IP Management Manual 2.
Examination and grant procedure Generally, the steps under the EPC are filing, issuing of the search report, provisional publication with search report, substantive examination, grant (or refusal/appeal) and validation or recording in the designated states. Novelty The EPC adopts an absolute novelty requirement. An invention is to be considered novel if it does not form part of the state of the art. The state of the art comprises anything made available to the public anywhere in the world before the priority date either by written or oral description or by use (or in any other way).
An publication of mention of grant opposition must be filed within 9 months of the publication of mention of grant. The grounds available are subject matter not patentable, specification not disclosing the invention sufficiently clearly or completely for it to be carried out by a person skilled in the art, and subject matter extending beyond the scope of the application as filed (or beyond the content of the parent, in the case of a divisional application). The Opposition Division essentially re-examines the application, and invites comments as it sees fit from opponent(s) and applicants.
Biotechnology Intellectual Property Manual by Spruson and Ferguson Patent and Trade Mark Attorneys