JP-EP-USPatentPracticeComparison-日本欧洲美国专利制度比较研究.docVIP

JP-EP-US Patent Practice Comparison ? JP EPC US Unpatentable subject manners Matters in contravention to public order and morality ?Discovery, scientific theory, mathematic method, artistic work, mental action, computer program, information presentation, surgery or medical treatment?Matters in contravention to public order and morality, variety of plants and animals Not particularly defined in Patent Law Definition of invention Advanced creation of technical ideas utilizing natural laws Industrially applicable mattersProducible and applicable matters in industrial fields including agricultural industry New and useful machinery, product, process, compound, and improvements thereof Novelty ?Not disclosed in prior art?Not published, not publicly known or used anywhere in the world?Exceptions to lack of novelty would be applicable in 6 months subjected to conditions ?Not comprising a part of state of the art?Not published, not publicly known or used anywhere in the world?Exceptions to lack of novelty would be applicable in 6 months subjected to conditions ?Not disclosed in prior art before the date of invention?Not published anywhere in the world, Not publicly known or used in U.S.A.?Grace period is 1 year Inventive steps(Non-obviousness) A patent is granted to an invention that could not have been easily accomplished by a person skilled in the art. A patent is granted to an industrially applicable invention being novel and inventive. A patent is granted to such an invention that a difference between a subject matter of the invention and prior art is not obvious as a whole to a person skilled in the art at time of invention Examination guideline ?Whether or not it can be demonstrated that an invention could have been easily accomplished by a person skilled in the art in reference to state of the art.　When it is demonstrated so, inventive step is denied.Whether or not inventive step can be denied based on general technical knowledge and comparison be