الكشف عن الاختراع قبل نيل البراءة و أثره على معيار الجدة : دراسة مقارنة

الملخص EN

Since the invention is one of the most essential elements in the process of growth and development of the economic life of nations, Legislations have approved certain criteria which are required for the legal protection of the invention; novelty, innovation, and industrial application, The first criterion has raised heated debate among legal scholars, this debate focused on concept; scope and application of novelty in line with secrecy.

Due to the importance of novelty as a pre-condition to the existence of legal protection; it was the central issue of this study, which aimed at clarifying the means and ways to ensure that the invention will achieve the legal protection through the statement of the legal provisions that enable the inventor to maintain the invention novelty under obscure applicable conditions, which was caused by the preceding conditions of granting the file to patent that inheres revealing the secrecy of the invention of its relation to novelty criterion.

In certain cases; the disclosure of the invention causes it to enter the prior industrial art because it loses its novelty, in other cases; it does not, and it will keep its novelty and therefore grant the legal protection.