Question

which statement accurately describes the differences between eu and us patent law? multiple choice question. A. in the u.s., an innovation must be absolutely novel, while in the eu an innovation may be made available to the public in any form. B. the eu definition of novelty is much narrower than the u.s. definition. C. in the eu a patent goes to the first inventor, while in the u.s. the patent goes to the first person to register.

Answer 1

The differences between EU and US patent law can be summarized as follows: in the EU, an innovation may be made available to the public in any form, while in the US, an innovation must be absolutely novel; the EU definition of novelty is much narrower than the US definition; in the EU, a patent goes to the first inventor, while in the US, the patent goes to the first person to register.

Step-by-step explanation:

The differences between EU and US patent law can be summarized as follows:

1. EU: In the EU, an innovation may be made available to the public in any form, while in the US, an innovation must be absolutely novel.
2. US: The EU definition of novelty is much narrower than the US definition.
3. EU: In the EU, a patent goes to the first inventor, while in the US, the patent goes to the first person to register.

Answer 2

The most accurate statement about the difference between EU and US patent law is that the EU grants patents to the first person to file an application, whereas the US, despite shifting closer to a 'first to file' system, provides a grace period for prior public disclosure.

Step-by-step explanation:

The differences between EU and US patent law can be complex, but regarding the question, option C is the closest to an accurate statement. Historically, the United States followed a "first to invent" system. However, with the America Invents Act of 2011, the US moved closer to a "first to file" system similar to the one used in the EU.

In the EU, a patent is granted to the first person who files a patent application, provided that the invention meets all the patentability requirements, such as novelty, inventive step (non-obviousness), and industrial application. Thus, public disclosures of the invention prior to the filing can destroy its novelty. On the other hand, in the US, while the current system favors the first person to file, there is a grace period that allows inventors to disclose their invention up to one year before filing the patent application without losing the novelty.

Option A is incorrect as both jurisdictions require novelty, although the US has a grace period. Option B is incorrect because the definitions of novelty are not exactly narrower or broader; they are different in application due to aspects like the grace period and the way prior art is considered.