Mystery of the Patent Claim

Abstract

The objects of intellectual property, including patentable invention, are creations of the human mind, the human intellect. This is why this kind of property is called “intellectual” property. Intellectual property has a lot of material (movable + immovable) property characteristics. For example, it represents a property that can be rented or which may be the subject of a purchase agreement and free transfer. But the most important difference of the intellectual property lies in this, that the intellectual property can not be defined on the basis of physical parameters. Simply stating, patentable invention, the object of interest of the present paper, is the solution to the technical problem. This is not an official definition. Most laws dealing with protection of inventions do not define the notion of invention. However, in the ‘WIPO Model Law for Developing Countries on Inventions’, there is a definition. It reads as follows: “‘Invention’ means an (a novel – T.T.) idea of an inventor which permits in practice the solution to a specific problem in the field of technology”. Seems, that the definition, too, is not binding on anyone. The Japanese patent law is one of the rare laws that contains a definition. It says that an invention is a “highly advanced creation of technical (and novel – T.T.) ideas by which a law of nature is utilized”. But the Japanese have not able to undertake something clever with this definition. Hurrying on ahead it might say that the inventive idea can be patented only because it is new and original (and not repetition of prior ideas). As regards the title of the present paper then I hope that me succeed therein to “dispel the clouds” from mysteries concerning the notions of ‘the invention’ and ‘the patent claim’. Latter, as it turns out, cannot be something else than legal definition of the concrete patentable invention.