PATHOLOGY OF INVENTIVE STEP REQUIREMENT IN PATENTS SYSTEM

Document Type : Research Paper

Authors

1 Associate professor of faculty of tarbiat modares human sciences

2 Master of qom university intellectual property law and researcher of comparative law institute of Tehran university

3 Master of Tehran university civil law(Kish International Campus)

Abstract

The inventive step requirement which purportly secure the growth of
innovation and resulting industrial and economic development, despite of
containing some benefits, always faced with the challenges that in some
cases ,such challenges are in opposition with the bases of patents system and
indicates that ,patents system do not beneficial always. Analysis of said
challenges studied upon the economical bases and assessments toolsexaminers
and PHOSITA, mainly. Also, Iran’s patents system is criticizable,
legislatively and executively and needs to amendment. in the present article
first we are going to study economical pathology and pertain to assessment
of inventive step requirement, then suggest the suitable criteria that is similar
to copyright system, and illustrate necessary proposals.

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