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However, it is possible to have a Russian utility model and a Eurasian patent for the same invention. The main advantage of a utility model in Russia is a very short prosecution time (usually, no more than 6 moths) and a low cost. The duration of a utility model is 10 years from the priority date, and this term cannot be extended (since 2014). [18]
As with all utility patents in the United States, a biological patent provides the patent holder with the right to exclude others from making, using, selling, or importing the claimed invention or discovery in biology for a limited period of time - for patents filed after 1998, 20 years from the filing date.
The main reason for having the utility requirement is to prevent issuing patents on things which are speculative and may block useful inventions in the future. [ citation needed ] In a pharmaceutical context, the utility problem usually arises when there is a patent claim on a new drug, but the patent disclosure does not specify (or does not ...
The EPO's patent standards prohibits patents for inventions contrary to ordre public and morality. Patents also could not be issued for “animal varieties or essentially biological processes for the production of…animals”. The EPO undertook a utilitarian balancing test to make their determination on the ordre public and morality exceptions ...
The European Patent Convention does not mention method patents (called process patents) so prominently, and the same applies to the TRIPS Agreement. The prime characteristic of process patents in these treaties is that "the protection conferred by the patent shall extend to the products directly obtained by such process". [8]
[2] That definition is problematic, however, because composite articles can be articles of manufacture—as in the case of a piece of plywood, a concrete sidewalk, a road, a fibreglass bathtub, a (kitchen) countertop, or a flitch beam. [3] Robinson on Patents has defined "composition of matter" in these terms:
A type of patent in some countries used for inventions that have a short commercial life or that offers a comparatively small advance over existing technology. It often has a shorter term of protection, for example 8 years instead of 20 in Australia. See also utility model and petty patent.
The German utility model has some interesting characteristics, when compared to the German patent or to the European patent designating Germany: Prior art considered for examining novelty and inventive step is somewhat more limited: Oral disclosures are not taken into account, only written disclosures are taken into account;