Cunoştinţele notorii - componentă a stadiului tehnicii pentru invenţiile din domeniul calculatorului
Notorious knowledge – component of the technique stage for the inventions in the computer field
Author(s): Bucura Ionescu, Anca-Simona DeaconuSubject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: Patents; Prior art; Common general knowledge; Notorious knowledge. Computer implemented inventions; Boards of Appeal of the European Patent Office; Inventive step; Search report;
Summary/Abstract: In the current context of the digital era, Notorious Knowledge - a relatively new concept in the field of patents represent a part of the prior art, taken into account when analysing the inventive step. The concept has its legal basis in the Case Law of the Boards of Appeal of the European Patent Office in the field of Information and Communication Technology and especially in the field of Computer Implemented Inventions. The claims of these inventions are overly broad and contain a mixture of technical and non-technical elements. Considered as a special category of the common general knowledge, the notoriety defines the knowledge so well known in the specific field of the inventions that it does not require an evidence or a written proof. From a procedural point of view, an additional search can be dispensed, enabling the acceleration of the examining procedure. This article presents some case law of the EPO’s Boards of Appeal relatig to the notorious knowlede as interpred by the Examination Division.
Journal: Revista Română de Dreptul Proprietăţii Intelectuale
- Issue Year: 2018
- Issue No: 1
- Page Range: 105-120
- Page Count: 17
- Language: Romanian
- Content File-PDF