
Logic Patents > Reviews > EuroParl 03-09-24 > Amendments > JURI > Publish > Sample Text > Disclosure
Sample Text	Disclosure	Various Limits

Disclosure of the invention

Various amendments demand a disclosure of an invention in an unspecific way, unrelated to the information nature of data processing innovations. Such amendments don't belong into the scope of the directive and only bloat the text. Some repeat existing laws, others unnecessarily meddle in the examination methodology. Gargani's requirement that contracts related to a patent should be made public corresponds to a widefelt need, but also seems to open another can of worms with little relation to the scope of this directive.

Amendment 94

submitted by:: Piia-Noora Kauppi
provision:: art 3 subpar 2 nov
language:: English
topic:: Disclosure

amendment
	The application for a patent must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
justification
This amendment clarifies expressly that a patent application has to disclose an invention clearly and comprehensively, so that it can be implemented by someone working in the field. The expression "a person skilled in the art" is a well-established term of patent law which means someone of ordinary skill in the relevant technical field.

Amendment 96

submitted by:: Klaus-Heiner Lehne
provision:: art 3 a nov
language:: English
topic:: Disclosure

amendment
	The application for a patent must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
justification
This amendment clarifies expressly that a patent application has to disclose an invention clearly and comprehensively, so that it can be implemented by someone working in the field. The expression "a person skilled in the art" is a well-established term of patent law which means someone of ordinary skill in the relevant technical field.

Amendment 158

submitted by:: Giuseppe Gargani
provision:: art 6 bis nov
language:: Italian
topic:: Disclosure

amendment
	Pubblicità I contenuti del contratto di brevetto dovranno essere condivisi attraverso adeguati strumenti di pubblicità.
justification
Il riconoscimento della tutela in cambio della condivisione della conoscenza, principio fondante del "contratto" di brevetto, per essere realizzato necessita di strumenti adeguati di pubblicità/condivisione, che nel caso del software oggi non esistono e non sono previsti nella proposta di Direttiva. Ciò tenderà inevitabilmente a svantaggiare le PMI del settore e a creare un ulteriore ampliamento del contenzioso.

Amendment 239

submitted by:: Piia-Noora Kauppi
provision:: rec 17 a nov
language:: English
topic:: Disclosure

amendment
	Member States shall ensure that the description shall disclose the invention as claimed in such terms that the technical solution can be understood, and state any advantageous effects of the invention with reference to the background art.
justification
This amendment further clarifies what has to be disclosed in a patent application. In particular, the patent application has to explain the technical problem that the invention is seeking to overcome, and its solution, in a way that can be understood. It also has to describe any advantages, if there are any, that the invention brings over and above what has been done before.

Amendment 240

submitted by:: Klaus-Heiner Lehne
provision:: rec 17 a nov
language:: English
topic:: Disclosure

amendment
	Member States shall ensure that the description shall disclose the invention as claimed in such terms that the technical problem and its solution as well as the inventive step can be understood.
justification
This amendment further clarifies what has to be disclosed in a patent application. In particular, the patent application has to explain the technical problem that the invention is seeking to overcome, and its solution, in a way that can be understood.

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© 2005-06-12 Hartmut PILCH
english version 2005-03-20 by Hartmut PILCH