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Author Topic: Novel database based method  (Read 298 times)

Patentstudent

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Novel database based method
« on: 09-28-17 at 08:12 am »

If someone invented a new method of creating traceability for surgical implants by creating a database with more ample ways of linking an implant to a patient and/or to a hospital/clinic and/or to a surgeon, could that method in principle be patentable?
What concrete criteria should be fulfilled for it to be patentable?
Would that also apply in the EPO jurisdictions?
Thank you very much for your thoughts. 

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MYK

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Re: Novel database based method
« Reply #1 on: 09-28-17 at 11:23 am »

If someone invented a new method of creating traceability for surgical implants by creating a database with more ample ways of linking an implant to a patient and/or to a hospital/clinic and/or to a surgeon, could that method in principle be patentable?
What concrete criteria should be fulfilled for it to be patentable?
Would that also apply in the EPO jurisdictions?
Thank you very much for your thoughts.
Sure, why not.  But you would have to do more than merely "creating a database" since databases are well known in the art.

What concrete criteria should be fulfilled for it to be patentable?
Statutory subject matter, novel, nonobvious, doesn't fall afoul of any court rulings on patentability.  Keep 35 U.S.C. 287(c) in mind when claiming, although IMHO it would not be a significant concern for the situation you have described.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

ExaminerBob

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Re: Novel database based method
« Reply #2 on: 09-28-17 at 12:20 pm »

It might not be eligible under Alice. Depends on the specifics of the claim and the mood of the appeal panel.
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Patentstudent

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Re: Novel database based method
« Reply #3 on: 09-29-17 at 04:55 am »

Thank you MYK and ExaminerBob.
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