عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Ambiguous and indeterminate place of substantive inventive step requirement in the article 2 of the registration of inventions, trademarks and industrial designs act approved on 1386,is one of the sensible defects of the aloft tentative act. In this act that has come that an invention is patentable which has inventive step and industrial application. Such a statement produce the doubt of the unity of two requirement of novelty and inventive step, while is not such and inventive step requirement has state independent from after requirements in the major near the all of the foreigner acts and rules weather national, local and international, also and in different legal systems and various economies In present article we going to with the statement of place of inventive step requirement in the national, local and international acts, rules and document in the various countries and systems, to obtain a paper standard for legislation of our country after the end of space of tentative enforcement of the act of 1386.
1. دبیرخانه شورای عالی انفورماتیک کشور. دستورالعمل تأییدیه فنی حق اختراع. مصوب 1389.
2. قانون ثبت اختراعات علائم تجاری و طرحهای صنعتی مصوب 1386.
3. قانون حمایت از حقوق پدید آورندگان نرمافزارهای رایانهای مصوب 1379.
4. مرجع منطقهای مالکیت فکری، موجود در سایت:
1. African intellectual property organization (OAPI).
2. Agreement on Trade-Related aspects of Intellectual property Rights. (TRIPS).
3. Agreement Relating to The Creation of an African intellectual property Organization, Bangui, Central African Repubic, March 2, 1977, revised on February 24, 1999.
4. Agreement Revising the Bangui Agreement of March 2 , 1977, on the creation of in African intellectual property organization, Bangui, Central African Repubic, February 24, 1999.
5. Australia patent Act. No 83 of 1990 as Amended by Act No. 106 of 2006.
6. Canada patent Act as amended by c. 18 of 2005.
7. Canadain Gypsum co ltd v Gyp sum lime and Alabastine canadaltd.
8. China patent law, as Amended on August 25, 2000, inter into force: July 1, 2001.
9. Directive 98/ 44/ Ec of the European parliment and of the council of July 6, 1998, on the legal protection of biotechnological inventions.
10. European patent convention, Adopted on October 5, 1973, inter into force: October 7, 1977, last amended on October 27, 2005.
11. France intellectual property code as Amended by Act No. 2006 – 236 of 1 march 2006.
12. Germany patent Act as Amended by the Act on Improvement of enforcement of intellectual property Rights of 31 July 2009.
13. India patent Act, As Amended by Act No. 15 of April 4, 2005.
14. Italy patent law, Royal decree No. 1127 of June 29, 1939 as last Amended by legislative Decree No 1980 of March 19, 1996. Inter into force: April 15. 1996.
15. Japan patent law (law No. 121 of 13 April 1959, aslast Amended by law No. 75 of 29 June 2005).
16. Malaysia patents Act, Act 291 of 1983, as Amended by Act A 1264 of 2006, inter into force: August 16, 2006.
17. Paris convention for the protection of industrial property, of March 20, 1883, as last amended on septamber 28, 1979.
18. Republic of Korea patent Act, Act No. 950 of December 31, 1961, aslast Amended by Act No. 7289 of December 31, 2004, inter into force: after six months from the promulgation.
19. Republic of Korea utility model Act, Act No. 952 of December 31, 1961, as last Amended by Act No. 7289. December 31, 2004, inter into force: six months from the promulgation.
20. Singapor patents Act, As Amended by Act No. 2 of 2007, inter into force: April 1, 2007.
21. United Kingdom patent act 1077, as last Amended by an Act to amend the law relating to patents of July 22, 2004.
22. United States of America patent laws, United States code, title 35 – patents as amended on August 8, 2005.
23. 135-Wipo, Intellectual property handbook: policy, law and use, 2nd ed, wipo publication No. 489 (E) 2004.
24. Wipo, standing committee on the law of patents, Tenth session, Geneva, May 10 to 14, 2004.