Take the Time for Comprehensive Understanding What You Have Patented, Like to Patent, and Will Patent in the Future Under the Notion ‘Patentable Invention’

Abstract

The patent system lacks logic. It postulates something called ‘invention’ but in fact no satisfactory definition of ‘invention’ has ever appeared, and the courts, in their search for guiding rules, have produced an almost incredible tangle of conflicting doctrines. Honestly, majority large patent systems - USA, Germany, United Kingdom, etc. and international agreements and conventions – TRIPS, PCT, EPC have not been able to this day to define both the workable legal terms, i.e. the basic notion of patent law - ‘invention’ and derived directly from it the one - ‘patentable invention’. Even though it seems indisputably to be very rational that everyone alone and with each other in the patent system (inventor, patent attorney, patent examiner, patentee, parties other than the patent holder, competitors, other members of public, courts) must logically know in the same way the objective contours of the protected invention in order to make agreeable in substance determinations on issues of the invention’s validity and infringement.As all possible laws, the Patent law must be clear, comprehensive, logical and easy to understand for everyone in patent system. Therefore I find that in any case the patent world should in the long run normalize the legal clarity and certainty of the patent laws starting from the defining workable legal terms, i.e. the basic notion of patent law - ‘invention’ and derived directly from it the one - ‘patentable invention’. In this article and in my 3 other papers published in SSRN eLibrary in 2012 I would like to give at least the initial impulsion and encouragement for this action. Information costs, what will be saved all in all in the “life-cycle” of further objective patentable inventions enable keep down the expenses for normalizing the legal clarity and certainty of the patent laws.NB! You should acquaint yourself also with my other papers at SSRN: http://ssrn.com/abstract=2034683http://ssrn.com/abstract=2065060 http://ssrn.com/abstract=2171723