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Patents

Justine Pila

2011

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The Future Of The European Requirement For An Invention: Inherent Patentability As A Pre- And Post-Patent Determinant, Justine Pila Jan 2011

The Future Of The European Requirement For An Invention: Inherent Patentability As A Pre- And Post-Patent Determinant, Justine Pila

Justine Pila

The purpose of this chapter is to develop the reflections contained in the conclusion of a recent book (The Requirement for an Invention in Patent Law (Oxford: OUP, 2010)). Specifically, it is to propose a method for applying the requirement for an invention under Article 52(1) of the EPC, including a definition of the invention itself. I argue that while the proposal does not solve all definitional and methodological issues regarding that requirement, it is nonetheless justified on four central grounds. First, it reorients the European patent system around its central aim of supporting industrial growth. Second, it explains ...