novelty; the excellent qualification of any invention

نویسندگان

جمال صالحی ذهابی

دانشکده حقوق دانشگاه تهران

چکیده

every invention in order to be registered, should have essential conditions and the legal due process should be complied with. the novelty is a traditional qualification of any invention, which must be considered objectively; the applicant’s awareness or his ignorance in regard to it's public release, is not efficient in the maintenance or decline of invention’s novelty. the state of the art which is the invention's novelty criteria, means the technical progress acquired and released in all relevant domain since delivering the patent application; and every invention disclosed in application documents should extend this state. meanwhile the formal exhibition and illegal access of the invention along with the priority claim in accordance with relevant applicable rules, do not remove the novelty condition.

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