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Reflecţii privind brevetabilitatea invenţiei
Reflections on the patentability of the invention

Author(s): Adrian Circa
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: industrial property; invention; patent; novelty.

Summary/Abstract: The inventor is a creator; yet, his mere act of creation does not automatically grant him the right to his invention. Unlike the author of a literary work of art, he will have to claim a patent, as the invention itself does not entail such a right unless a patent is filed on it. The patent is a license granting the inventor, for a limited period of time, the exclusive right to exploit an invention. Novelty is an objective criterion which is met when the invention is unknown in the field of technology at the time protection is requested. At the same time, it is a prerequisite stipulated by all legislations. In this field, the motto “file first, publish later” is utterly justified.

  • Issue Year: 2012
  • Issue No: 01
  • Page Range: 29-46
  • Page Count: 18
  • Language: Romanian