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Patent legal aspects and patent legislation

Basic Patent Information Course (BPIC)

Module 2: Patent legal aspects and patent legislation

 

Target Audience

This module is designed for patent information specialists with one year or less of experience in conducting novelty or patentability searches. It is particularly suited for individuals who have recently entered the profession.

Module Objectives and Learning Outcomes

By the end of this course, participants will:

  • Gain foundational knowledge of patent law and the key legal frameworks relevant to the work of a Patent Information Specialist.

  • Understand the distinction between the concepts of novelty and inventive step.

  • Learn how the priority system functions within the patenting process.

  • Acquire insight into the procedural steps involved in obtaining a patent.

  • Understand how patents can be enforced and what advantages enforcement offers to the patentee.

Course Content

This module will cover the following topics:

  1. Legal Definition and Role of Patents

  2. Requirements for Patentability
    a. Novelty and the priority system
    b. Inventive step
    c. Additional requirements and exceptions to patentability
    d. Formalities and remedial mechanisms

  3. International Agreements Impacting Patent Law

  4. Overview of Major Patent Systems

    • Patent Cooperation Treaty (PCT)

    • European Patent Convention (EPC)

    • National patent systems

  5. Patent Enforcement and Legal Remedies

    • Infringement, opposition, and appeal procedures

Study Load

In addition to classroom instruction, participants are expected to dedicate at least an equivalent amount of time to independent study in preparation for the module examination.

Preparation

No formal preparation is required. However, participants are encouraged to:

  • Review the front page of a patent publication and consider the purpose of each section of information.

  • Familiarize themselves with the regions and countries most relevant to their organization’s business activities.

Prerequisites

To participate effectively in this module, students should meet the following criteria:

  • Have a working knowledge of English sufficient to comprehend advanced legal terminology related to patents.

  • Possess at least some practical experience with patents, which may also be gained through prior participation in the module on patent documents and their accessibility.