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Marketing Law

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STANDARD PATENT * Standard Patent - 20 year monopoly no extensions are granted (except for pharmaceuticals inventions). * Patent Act provides that a patentable invention is an invention that, so far as claimed in any claim: 1. IS IT A MANNER OF MANUFACTURE? * A 'manner of manufacture' includes any new product or any new process that achieves an economically useful result. To be a manner of manufacture an invention must have a commercial or industrial application as opposed to a purely artistic one. * Product Improvements - If the invention is purely a new use for a existing product it will not be patentable. However, the invention of a new process which utilised existing products IS patentable. * Methods of treating human body - human beings and the biological processes for their generation cannot be patented. However, it is possible to patent a synthetically produced human DNA and human genetic material provided it is given a definite commercial use. * Non patentable inventions - The courts can reject an application for a patent on the grounds that it would be generally inconvenient.

2. WHEN COMPARED WITH THE PRIOR ART BASE AS IT EXISTED BEFORE THE PRIORITY DATE OF THAT CLAIMS - IS IT A NOVEL? * a previous patent will destroy novelty as it is part of the prior art base. * an invention will lack novelty if prior to the priority date the invention has been published or revealed in a document anywhere in the world. * An invention will lack novelty if prior to the priority date the invention have been made available to the public by some act or series of acts. Act that will destroy the novelty of a patent include: * any sale or offer to sell the invention to anyone anywhere in the world. * any use of the invention in public by anyone anywhere in the world * any explanation or demonstration of the

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