| Abstract [eng] |
In the year 2004 Lithuania has joined the European Patent Convention which enables to seek a patent in several European countries on the basis of a single patent application. However, a European patent may be issued only after the patentability examination is carried out, i.e. only if the subject matter complies with certain conditions established in European Patent Convention. European Patent Convention indicating such conditions, i.e. patentability requirements – novelty inventive step, industrial applicability – gives a laconic description of them. Consequently, an inconsistent interpretation of such patentability requirements is likely to ensue as many disputes over the concepts of patentability requirements already arise. To overcome such legal uncertainty the practice of European Patent Office needs to be analysed and in particular – the concepts of the patentability criteria provided thereof. Following the structure of European Patent Convention, each of the patentability criteria is analysed separately, also examining the non patentable subject matter. The most significant decisions of the European Patent Office (those of Technical Board of Appeal and Enlarged Board of Appeal in particular) are commented and judged. Their analysis shows the concepts of patentability requirements being multifaceted, comprising numerous principles. The European Patent Office practice dealt with also implies that alongside the traditional patentability requirements an additional one is construed – that of technical character of a subject matter. Since nowadays it is important to patent an invention not only in one state and not even in several states within European boundaries, the concepts of patentability requirements as disclosed by the European Patent Office practice are compared to the ones of the USA. Moreover, advantages and disadvantages are highlighted. Finally, a conclusion that patentability requirements should be further harmonized worldwide is drawn for the existing differences head off the possibility to protect one’s invention internationally. |
