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A good lawyer knows the law; a great lawyer knows the judge.
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Legal Definitions - operability
Definition of operability
Operability, in the context of patent law, refers to the fundamental requirement that an invention must actually work and be capable of achieving its stated purpose or function as described in the patent application. It means the invention is not merely a theoretical concept, but a practical device, process, or composition that can perform its intended task.
- Imagine an inventor applies for a patent on a new type of battery that they claim can power a smartphone for an entire week on a single charge. For this invention to be considered operable, it must demonstrably perform as described. If independent testing reveals the battery only lasts for two days, then its operability as claimed is questionable, and the patent office might challenge whether it truly works as stated.
- Consider a company seeking a patent for a revolutionary water purification system that promises to remove 99.9% of all contaminants from any water source, making it potable. To prove operability, the company would need to provide evidence, such as scientific test results, showing that the system consistently achieves this level of purification when processing various types of contaminated water. If the system fails to meet the 99.9% purification standard in real-world tests, its operability is not established.
- An individual invents a novel drone design that they claim can fly autonomously for 24 hours straight while carrying a 5-kilogram payload. For the patent application to succeed, the inventor must demonstrate the drone's operability. This would involve showing that a prototype or model of the drone can indeed take off, fly for the claimed duration, maintain stability, and carry the specified weight without malfunction or significant deviation from its described capabilities.
Simple Definition
In patent law, "operability" refers to an invention's capacity to function precisely as detailed in its patent application. A patent examiner may challenge this claim, requiring the applicant to provide proof that the invention is indeed capable of working as described.