Examples of using Patentability in English and their translations into Romanian
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The Patentability of Inventions.
There is an exception to the prohibition of patentability.
The definitions of the patentability conditions are harmonized with the international regulations in force;
Article 6 of the directive also lays down prohibitions on patentability.
Inventorship is generally not considered to be a patentability criterion under European patent law.
It is issued upon request by a national orregional industrial property office, based on the fulfillement of the criteria for patentability.
Finally, the Court answers the question on the patentability of an invention involving the production of neural precursor cells.
That conclusion is also supported by the scope of the listing, in Article 6(2) of the Directive, of the processes anduses excluded from patentability.
Guaranteeing patent quality: rigorous patentability criteria must be applied to maintain the high quality of European patents.
(15) Whereas no prohibition or exclusion exists in national or European patent law(Munich Convention)which precludes a priori the patentability of biological matter;
Have a professional patent search done with written patentability opinion to determine: 1 whether a patent is likely to be issued on your idea;
Consequently, even though the claims under the patent did not specify that human embryos are used for the exploitation of the invention,when they actually are, the patentability of such an invention must be excluded.
Whereas these principles are in line with the criteria of patentability proper to patent law, whereby a mere discovery cannot be patented;
Where the new variety complies with the conditions prescribed, it shall provide the applicant with a precise official description of the new variety anda report on the technical examination attesting its compliance with the conditions of patentability.
Not to exclude from patentability such an invention claimed would allow a patent applicant to avoid the non-patentability by skilful drafting of the claim.
Despite attempts to weaken IPR protection(e.g. through systematic compulsory licensing or patentability exclusions), IPR incentives are crucial to promote investment46 in green technologies.
Whereas the quality of European patents is generally perceived to be high compared to other regions of the world participants in the 2006 consultation have stressed the importance of rigorous examination,prior art search and strict application of patentability criteria.
Thus, Article 27(2)of the TRIPS Agreement stipulates that Members may exclude from patentability inventions, the prevention of the commercial exploitation of which is necessary to protect ordre public or morality.
Furthermore, patentability, i.e. placing on the market with the ensuing conditions relating to production, must be consistent with the requirements laid down by Directive 98/44 with a view to harmonisation which integrates ethical considerations so as to prevent the economic functioning of the market giving rise to competition at the cost of sacrificing the fundamental values of the Union.
If research can always be authorised by the Member States under the procedures laid down by national legislation, the patentability of inventions can be envisaged only in accordance with the rules introduced by the directive.
It is raised in a case concerning the patentability of an invention involving the production of neural precursor cells, which presupposes the use of stem cells obtained from a human embryo at the blastocyst stage.
It should also be pointed out that, in accordance with the principle of dignity and integrity of the person,Directive 98/44 prohibits the patentability of the human body, at the various stages of its formation and development, including germ cells.
The question is whether the exclusion from patentability of the human embryo covers all stages of life from fertilisation of the ovum or whether other conditions must be met, for example that a certain stage of development be reached.
(8) Whereas legal protection of biotechnological inventions does not necessitate the creation of a separate body of law in place of the rules of national patent law; whereas the rules of national patent law remain the essential basis for the legal protection of biotechnological inventions given that they must be adapted or added to in certain specific respects in order totake adequate account of technological developments involving biological material which also fulfil the requirements for patentability;
(42) Whereas, moreover,uses of human embryos for industrial or commercial purposes must also be excluded from patentability; whereas in any case such exclusion does not affect inventions for therapeutic or diagnostic purposes which are applied to the human embryo and are useful to it;
Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public(public policy) or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.'.
(Directive 98/44/EC- Article 6(2)(c)- Legal protection of biotechnological inventions- Extraction of precursor cells from human embryonic stem cells- Patentability- Exclusion of‘uses of human embryos for industrial or commercial purposes'- Concepts of‘human embryo' and‘use for industrial or commercial purposes').
Nevertheless, the Court points out that the patentability of uses of human embryos for industrial or commercial purposes is not prohibited under the Directive where it concerns the use for therapeutic or diagnostic purposes which are applied to the human embryo and which are useful to it- for example to correct a malformation and improve the chances of life.
Additional security is offered by Article 6 of the Directive, which lists as contrary to ordre public or morality, andtherefore excluded from patentability, processes for cloning human beings, processes for modifying the germ line genetic identity of human beings and uses of human embryos for industrial or commercial purposes.
(22) Whereas the discussion on the patentability of sequences or partial sequences of genes is controversial; whereas, according to this Directive, the granting of a patent for inventions which concern such sequences orpartial sequences should be subject to the same criteria of patentability as in all other areas of technology: novelty, inventive step and industrial application; whereas the industrial application of a sequence or partial sequence must be disclosed in the patent application as filed;