Improvement of Judgment of Inventive Step:The Examination Method of Inventive Step and the Change of The Closest Prior Art

The Justice ◽  
2020 ◽  
Vol 176 ◽  
pp. 45-77
Author(s):  
Hyejin Lee
Keyword(s):  
Inventive Step ◽  
Prior Art ◽  
Examination Method

There is no hope in inventive step

2019 ◽  
Vol 15 (1) ◽  
pp. 2-3
Author(s):  
Gemma Wooden ◽  
Matthew Blaseby ◽  
Derk Visser
Keyword(s):  
Technical Problem ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Inventive Step ◽  
Prior Art ◽  
Skilled Person

Abstract Guidelines for Examination in the European Patent Office, November 2019 edition The European Patent Office’s Guidelines have been updated to clarify that the approach for assessing inventive step involves determining whether a skilled person would have modified the closest prior art in an expectation of some advantage or improvement. A hope of solving the objective technical problem is insufficient for a modification of the closest prior art to be considered obvious.

Prosecution of the Patent Application to Grant

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Patent Application ◽  
Inventive Step ◽  
Prior Art

This chapter considers some problems that may arise when objections of lack of unity, lack of novelty, or lack of inventive step are raised against a patent application. Objections of lack of unity are more of a nuisance than a real threat. One can avoid the problem by filing one or more divisional applications on time. Apart from questions of whether or not a citation really is prior art and whether or not it has been interpreted correctly, objections of lack of novelty are a relatively straightforward matter: either the claim is anticipated or it is not, and if it is, it must be limited accordingly. Obviousness or lack of inventive step, however, is a subjective matter and for this reason by far the greatest part of the work involved in patent prosecution is in arguing that the invention is not obvious over the citations that have been made.

Chemical Inventions

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Inventive Step ◽  
Prior Art ◽  
Polymeric Compounds ◽  
Per Se ◽  
The Law ◽  
Salt Forms

This chapter considers the law governing the patentability of chemical inventions, including novel compounds, polymeric compounds, new salt forms, new physical forms, new synthetic processes, analogy processes, new compositions and mixtures, and new uses and new application processes. A novel compound, for instance, cannot be patented unless it is industrially applicable. Despite being new and useful, a compound may not be patentable if it is so close to the prior art that there is no inventive step involved in making it. For polymers, it is still possible to obtain new and patentable polymers using various kinds of modification, provided that these give useful and non-obvious results. If a group of compounds is new and inventive, then not only are claims to the compounds per se patentable, but also claims to the process for the preparation of the compounds, even if it is known as a method for making similar compounds.

EVALVE INC v EDWARDS LIFESCIENCES LTD Patents Court Birss J.: 9–13, 17 and 18 December 2019 and 12 March 2020 [2020] EWHC 514 (Pat); [2020] R.P.C. 12

2020 ◽  
Vol 137 (6) ◽  
pp. 439-511
Keyword(s):  
Mitral Valve ◽  
Medical Devices ◽  
Doctrine Of Equivalents ◽  
Inventive Step ◽  
Prior Art

  H1 Patents – European patents – Infringement – Validity – Medical devices – Mitral valve repairs – Long felt want – Technical merit arguments – Pleadings – Construction – Novelty – Inventive step – Hindsight – Approach to prior art documents – Added matter – Intermediate generalisation – Infringement on “normal construction” – Doctrine of equivalents – Amendment

Synthesis, Analytical Characterization and Spectroscopic Investigation of Chloramphenicol Impurity A for the Quality Control of Chloramphenicol and its Formulation as Per International Compendium

2020 ◽  
Vol 17 (5) ◽  
pp. 382-388
Author(s):  
Aparna Wadhwa ◽  
Faraat Ali ◽  
Sana Parveen ◽  
Robin Kumar ◽  
Gyanendra N. Singh
Keyword(s):  
Quality Control ◽  
Synthesis Method ◽  
Analytical Techniques ◽  
International Markets ◽  
Therapeutic Effects ◽  
Reference Standard ◽  
Working Standard ◽  
Prior Art ◽  
New Synthesis ◽  
Synthetic Procedure

Objective: The main aim of the present work is to synthesize chloramphenicol impurity A (CLRMIMP- A) in the purest form and its subsequent characterization by using a panel of sophisticated analytical techniques (LC-MS, DSC, TGA, NMR, FTIR, HPLC, and CHNS) to provide as a reference standard mentioned in most of the international compendiums, including IP, BP, USP, and EP. The present synthetic procedure has not been disclosed anywhere in the prior art. Methods: A simple, cheaper, and new synthesis method was described for the preparation of CLRM-IMP-A. It was synthesized and characterized by FTIR, DSC, TGA, NMR (1H and 13C), LC-MS, CHNS, and HPLC. Results: CLRM-IMP-A present in drugs and dosage form can alter the therapeutic effects and adverse reaction of a drug considerably, it is mandatory to have a precise method for the estimation of impurities to safeguard the public health. Under these circumstances, the presence of CLRM-IMP-A in chloramphenicol (CLRM) requires strict quality control to satisfy the specified regulatory limit. The synthetic impurity obtained was in the pure form to provide a certified reference standard or working standard to stakeholders with defined potency. Conclusion: The present research describes a novel technique for the synthesis of pharmacopoeial impurity, which can help in checking/controlling the quality of the CLRM in the international markets.

Novel Research on Ayurveda’s Standard Examination Method : Aaturaparijnana Hetu

2017 ◽  
Vol 2 (4) ◽  
Author(s):  
Rupesh Wadher
Keyword(s):  
Residual Strength ◽  
Research Work ◽  
Survey Study ◽  
Traditional Methods ◽  
Examination Method ◽  
Present Concept

Examination of ongoing pathology in patient’s body is quite essential for a physician to calculate the estimation the dose of drug. But examination method mentioned in Ayurveda is incomplete without using the present concept of Aturaparijnana Hetu. With the help of Aturaparijnana Hetu the traditional methods of person understanding (the Dashavidha Pariksha) become more accurate and powerful. Aturaparijnaana Hetu gives standard of a person. In this way, examination method acquires the foundation; designed for grading. In short, person’s residual strength can be documented. These article is intended to highlight the research work through survey study that how can a group is identify by their respective Desha and their role in Dashavidha Pariksha. Dehabala and Doshabala are assessing by this methods.

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