Evaluation System of Patent Criteria in European Union Law

Abstract

Field and Aims: An invention is the result of the inventor's intellectual effort, which is created in the form of an industrial product or industrial process. The person who makes the invention has the right to patent that invention. According to paragraph 1 of Article 60 of the European Patent Convention, the patent belongs to the inventor or his representative. According to the European patent convention, for an invention to be eligible for a patent, it must meet the necessary conditions and criteria. According to Article 52 of the European patent convention, these necessary criteria are: 1-novelty 2-innovative step 3-industrial application; in addition to the above three conditions, the invention should not be one of the exceptions to patent registration and should be disclosed.

Method: In this article, with a descriptive and analytical method and relying on reliable sources, the method of evaluating the criteria required for patenting in the European Union has been discussed.

Finding and Conclusion: The finding of this research shows that in the European patent office, based on paragraph 1 of Article 42 of the European patent convention, the problem-solution method, which is an objective criterion, is used to evaluate the innovative step condition. This approach was formed to deal with the phenomenon of commenting based on the personal inference of evaluators. In addition to the above approach, secondary criteria are also used in the evaluation of this condition. According to Article 57 of the European patent convention, the criterion for assessing the condition of industrial application in the European Union is a technical criterion that states the claimed invention, at the time of application, shows a specific application in a specific field. In the European Union, an invention is considered new when it is not part of the prior art or industry. Prior art or industry includes anything that has been mad