Legal Definitions - examination system

An examination system, in the context of patents, refers to a method used by a government's patent office where an invention undergoes a thorough official review process. This review is conducted by patent examiners to determine if the invention meets all the legal criteria for patentability, such as being new, non-obvious, and useful, before a patent is granted.

Here are some examples to illustrate how an examination system works:

• Example 1: A New Pharmaceutical Compound

  Imagine a pharmaceutical company develops a brand-new drug compound designed to treat a specific illness. When they apply for a patent in a country that uses an examination system, the patent office doesn't simply register their application. Instead, a patent examiner, often with a background in chemistry or pharmacology, will meticulously search global databases for existing patents, scientific publications, and other public disclosures. The examiner's role is to determine if the compound is truly novel (never before disclosed), non-obvious to someone skilled in the field, and has a practical use. Only after this rigorous official scrutiny, confirming it meets all legal requirements, will the patent potentially be granted.

• Example 2: An Innovative Agricultural Machine

  Consider an inventor who designs a revolutionary new machine that significantly improves crop harvesting efficiency. When this inventor files a patent application in a jurisdiction with an examination system, the patent office will assign an examiner to review the invention. This examiner will conduct a comprehensive search for "prior art"—any existing technology, designs, or publications that are similar to the new machine. They will assess if the machine offers a genuine inventive step beyond what is already known and used in agriculture. This detailed evaluation ensures that the inventor receives protection only for truly original and innovative aspects of their machine, preventing patents from being issued for minor variations of existing technology.

• Example 3: A Unique Software Algorithm

  A software developer creates a complex, proprietary algorithm that dramatically speeds up data processing for cloud computing. To protect this intellectual property, they apply for a patent. Under an examination system, the patent office will not automatically issue the patent. Instead, a patent examiner specializing in software and computer science will scrutinize the algorithm. They will compare it against a vast array of existing software patents, academic papers, and publicly available code to verify its novelty and non-obviousness. The examiner will also ensure the algorithm is clearly defined and has a practical application. This official review process is crucial to ensure that the patent system only grants exclusive rights to genuinely new and inventive software solutions.