CreativityCreativity is a characteristic of someone or some process that forms something new and valuable. The created item may be intangible (such as an idea, a scientific theory, a musical composition, or a joke) or a physical object (such as an invention, a printed literary work, or a painting). Scholarly interest in creativity is found in a number of disciplines, primarily psychology, business studies, and cognitive science.
PatentA patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements.
InnovationInnovation is the practical implementation of ideas that result in the introduction of new goods or services or improvement in offering goods or services. ISO TC 279 in the standard ISO 56000:2020 defines innovation as "a new or changed entity realizing or redistributing value". Others have different definitions; a common element in the definitions is a focus on newness, improvement, and spread of ideas or technologies.
PatentabilityWithin the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met for a patent to be held valid. The patent laws usually require that, for an invention to be patentable, it must be: Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection Novel (i.e.
Multiple discoveryThe concept of multiple discovery (also known as simultaneous invention) is the hypothesis that most scientific discoveries and inventions are made independently and more or less simultaneously by multiple scientists and inventors. The concept of multiple discovery opposes a traditional view—the "heroic theory" of invention and discovery. Multiple discovery is analogous to convergent evolution in biological evolution.
Novelty (patent)Novelty is one of the patentability requirement for a patent claim, whose purpose is to prevent issuing patents on known things, i.e. to prevent public knowledge from being taken away from the public domain. An invention is anticipated (i.e. not new) and therefore not patentable if it was known to the public before the priority date of the patent application. Although the concept of "novelty" in patent law appears simple and self-explanatory, this view is very far from reality.
Sociocultural evolutionSociocultural evolution, sociocultural evolutionism or social evolution are theories of sociobiology and cultural evolution that describe how societies and culture change over time. Whereas sociocultural development traces processes that tend to increase the complexity of a society or culture, sociocultural evolution also considers process that can lead to decreases in complexity (degeneration) or that can produce variation or proliferation without any seemingly significant changes in complexity (cladogenesis).
Creative problem-solvingCreative problem-solving (CPS) is the mental process of searching for an original and previously unknown solution to a problem. To qualify, the solution must be novel and reached independently. The creative problem-solving process was originally developed by Alex Osborn and Sid Parnes. Creative problem solving (CPS) is a way of using creativity to develop new ideas and solutions to problems. The process is based on separating divergent and convergent thinking styles, so that one can focus one's mind on creating at the first stage, and then evaluating at the second stage.
Inventive step and non-obviousnessThe inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, "[the] nonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art". The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law.
PositivismPositivism is a philosophical school that holds that all genuine knowledge is either true by definition or positive—meaning a posteriori facts derived by reason and logic from sensory experience. Other ways of knowing, such as intuition, introspection, or religious faith, are rejected or considered meaningless. Although the positivist approach has been a recurrent theme in the history of western thought, modern positivism was first articulated in the early 19th century by Auguste Comte.
European Patent ConventionThe European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term European patent is used to refer to patents granted under the European Patent Convention.
Prior artPrior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention.
ScientistA scientist is a person who researches to advance knowledge in an area of the natural sciences. In classical antiquity, there was no real ancient analog of a modern scientist. Instead, philosophers engaged in the philosophical study of nature called natural philosophy, a precursor of natural science. Though Thales (circa 624–545 BC) was arguably the first scientist for describing how cosmic events may be seen as natural, not necessarily caused by gods, it was not until the 19th century that the term scientist came into regular use after it was coined by the theologian, philosopher, and historian of science William Whewell in 1833.
Inventor (patent)In patent law, an inventor is the person, or persons in United States patent law, who contribute to the claims of a patentable invention. In some patent law frameworks, however, such as in the European Patent Convention (EPC) and its case law, no explicit, accurate definition of who exactly is an inventor is provided. The definition may slightly vary from one European country to another. Inventorship is generally not considered to be a patentability criterion under European patent law. Under U.S.
