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Message: Purevap patent
Hi Peter, On the board about HPQ on Agoracom, somebody underlined some possible difficulties with the Purevap patentability. If possible, could you provide us an update of where we are in the process, if it is normal, and what is your point of view about it. Regards, fkdy1985 Comment on the HPQ board: Something to consider with regards to the patent application •The Patent Cooperation Treaty (PCT) article 33 section 3 has the following statement (3) For the purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not, at the prescribed relevant date, obvious to a person skilled in the art. *Source - http://www.wipo.int/pct/en/texts/articles/a33.html •WIPO has the following section under Applying for patent protection What conditions must be met to obtain patent protection? There are numerous conditions that must be met in order to obtain a patent and it is not possible to compile an exhaustive, universally applicable list. However, some of the key conditions include the following: The invention must show an element of novelty; that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called “prior art”. The invention must involve an “inventive step” or “non-obvious”, which means that it could not be obviously deduced by a person having ordinary skill in the relevant technical field. The invention must be capable of industrial application, meaning that it must be capable of being used for an industrial or business purpose beyond a mere theoretical phenomenon or be useful. Its subject matter must be accepted as “patentable” under law. In many countries, scientific theories, aesthetic creations, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, methods for medical treatment (as opposed to medical products) or computer programs are generally not patentable. The invention must be disclosed in an application in a manner sufficiently clear and complete to enable it to be replicated by a person with an ordinary level of skill in the relevant technical field. •Finally, please see the section on Pyr patent application, page 7/7 at the top of the page in section 2. If you cant find it, I'll copy it here; 'Claims 1-50 do not involve an inventive step and therefore do not comply with PCT Article 33 (3) *Source: https://patentscope.wipo.int/search/docservicepdf_pct/id00000041134262/IPRP2/WO2017024378.pdf?psAuth=F68nyOWPZXlpCa2R7bxbouoFcARQ4Id7OzN7IEOY4hA •Finally with regards to top up searches; Guide for applicants: PCT procedure before the EPO (Euro-PCT Guide) Section 370 A top-up search does not normally extend beyond the subject-matter searched by the ISA as set out in Rule 66.1ter PCT. It is performed in respect of all applications undergoing Chapter II examination, apart from in exceptional cases where the examiner considers that performing a top-up search would serve no useful purpose. *Source http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_d_ii_4.html Take a look at section 6 on Page 2 of PYR's patent application 'No top-up search was carried out by this Authority because it would serve no useful purpose.' *Source https://patentscope.wipo.int/search/docservicepdf_pct/id00000041134262/IPRP2/WO2017024378.pdf?psAuth=F68nyOWPZXlpCa2R7bxbouoFcARQ4Id7OzN7IEOY4hA I'm not trying to short the stock, I have no nefarious purposes other than trying to educate people here on the patent process with regards to PYR's claim. In fact, I still have a small number of shares left after I dumped the majority of my position as a hedge in case this company ever knocks it out of the park. They may be planning another patent application to get an 'inventive step' but as far as I understand it, on this patent application, there isn't one. Do your Due diligence, consult a patent lawyer that has absolutely no bias or is totally uninvolved in the process. Ask questions to the CEO of both PYR and HPQ. get clarity. Steven
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