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When assessing the patentability of a patent claim, a determination is normally made by an Examiner on whether the invention is considered a manner of manufacture.
This involves an assessment of the application to determine if the invention is actually something that a patent would be appropriate for and that is covered under patent laws.
When assessing novelty and inventiveness in a patent application, examiner’s look at:
Conversely, the manner of manufacture deems whether the invention itself is of a suitable nature or type to be patented. Not all IP can be patented, some will fall under copyright or trademark or design instead, for example.
Determining the manner of manufacture is only one of the requirements for patentability and does not impact on novelty and inventiveness. It is more a determination as to whether the nature of the invention is in the nature of patentable subject matter.
The determination of whether an invention is inherently patentable subject matter (or “manner of manufacture” in Australia) is determined on a country by country basis according to the legislation of that country . In many countries, if your invention is determined to be a scheme, plan, rules of gameplay, abstract concept, method of doing business, a “pure” scientific discovery or mathematical algorithm, or focused on intellectual or genetic information, it will likely be deemed as unpatentable.
For example, if you have developed a new business scheme or modified an existing one to a degree that is considered novel this does not mean the invention is patentable subject matter. There may not be enough technical substance to this invention to meet the manner of manufacture requirement and it may therefore not be eligible for a patent.
Manner of manufacture determinations can be very challenging to quantify and to understand for those inexperienced with patents.
If you are pursuing a patent and struggling with this aspect, seeking out a registered Patent Attorney is the best course of action.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.