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Topic: thumb rule (Read 2161 times) |
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faisal
Newbie
 
 
Posts: 2
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during a discussion someone told me that their is a thumb rule to judge the obvious part of the Invention which is applied while drafting a patent application, but he himself dont explain me the things, if anyone have the idea about it please let me know
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| « Last Edit: Mar 29th, 2005, 4:58am by faisal » |
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JSonnabend
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Posts: 2251
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Re: thumb rule
« Reply #1 on: Mar 29th, 2005, 9:04am » |
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A "rule of thumb" is not a particular rule, per se. It is an expression meaning a useful principle having wide application but not intended to be strictly accurate or reliable in every situation.
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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faisa
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thank you
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faisal
Newbie
Posts: 2
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Re: thumb rule
« Reply #3 on: Apr 7th, 2005, 1:59am » |
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so is their any law or rule which is governed to check weather an invention is patentable or not
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JSonnabend
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Senior Member
Posts: 2251
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Re: thumb rule
« Reply #4 on: Apr 7th, 2005, 8:03am » |
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RogersDA is correct in his summation. I'll just add that:
generally, section 101 can be virtually ignored.section 102 mandates that an invention be "novel", that is, that it not exist before in any context.section 103 says that the invention cannot be "obvious" in light of what has come before.
That's it in a nutshell, although I'm sure Mr. Tran can summarize it more tersely.
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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