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Nanotechnology - Nanotech Regulatory Document Archive - Arizona ...

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Substantive examination: Does the European patent<br />

application meet the requirements of the EPC?<br />

Patents shall be granted for any inventions which are susceptible of<br />

industrial application, which are new and involve an inventive step.<br />

A patent application must disclose the invention in a manner sufficiently<br />

clear and complete for it to be carried out by a person skilled in the art<br />

The claims shall define the matter for which protection is sought. They<br />

shall be clear and concise and supported by the description.<br />

Patents shall not be granted when contrary to "ordre public" or<br />

morality, plant or animal varieties, methods of treatment by surgery or<br />

therapy, diagnostics methods<br />

3rd Int'l Dialogue on Responsible R&D of <strong>Nanotech</strong><br />

What's special about <strong><strong>Nanotech</strong>nology</strong>?<br />

Terminology<br />

Enablement<br />

Miniaturisation<br />

Clarity<br />

3rd Int'l Dialogue on Responsible R&D of <strong>Nanotech</strong><br />

Sufficiency of disclosure<br />

Inventive step<br />

169<br />

Legal texts<br />

European Patent Convention (EPC)<br />

Articles<br />

- Art. 54(1): novelty<br />

- Art. 56 : inventive step<br />

- Art. 83 : sufficiency of disclosure<br />

- Art. 84 : clarity<br />

Rules<br />

Guidelines for Examination<br />

(Internal Instructions)<br />

3rd Int'l Dialogue on Responsible R&D of <strong>Nanotech</strong><br />

Inventive step<br />

Issues in <strong><strong>Nanotech</strong>nology</strong>:<br />

Obvious selection<br />

Unexpected technical advantage<br />

Combination of features<br />

3rd Int'l Dialogue on Responsible R&D of <strong>Nanotech</strong><br />

Hierarchy<br />

An invention shall be considered as involving an<br />

inventive step if, having regard to the state of the art,<br />

if it is not obvious to a person skilled in the art.

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