Inventiveness is undoubtedly the focal point of dispute in patentability adjudication. No “single standard” may be adopted in determining patent inventiveness.
Due to the unique characteristics of drug development, usually only one active compound would be selected from tens of thousands of candidates for use for medicinal purposes.
The exchange theory of quid pro quo of patent rights in exchange for technical contribution expounds the basic principle that the patent is granted only for technical contributions.
A “functional technical solution” means all or some limitations of a patent claim are to perform a specific function, which may be defined in functional terms or either product or process claims.
The ownership of service inventions and the benefit reallocation scheme directly affect the willingness of an inventor and his employer in scientific innovation and transformation.
The author will only compare the legal provisions and legislative intents for out-of-scope amendments between Europe, the U.S. and China, to highlight lopsided viewpoints in patent field
