Uncovering the Realm of Selection Inventions
What are Selection Inventions?
The rationale behind granting monopolistic and exclusive rights over a particular
invention is to reward and accredit the inventor for inventing a novel invention that
is susceptible to industrial application and is not obvious to the existent state of the
art. These rights are, therefore, given instead of the disclosure made by the
inventor to the state, which can later be used as a public source of information to
contribute to the development of the civilization.
However, selection inventions contrast with the basic idea of novelty and prior-art
since they stand for those inventions, which have a specific concept that is selected
from a prior concept or a larger and much more generic concept of a particular
invention that has great and more advantageous properties than that of the prior
disclosed concept. Therefore, a selection invention is the one, which can be found
to be a part of the prior art disclosure, but it hasn’t been disclosed with individual
reference therein. These are not limited to only pharmaceutical patents but extend
to other premises like engineering, biotechnology, telecommunications, etc. In
France, China, and Japan, selection inventions are possible in the field of
mechanical engineering, while in countries like Argentina – the same is restricted
to a particular condition for processes and compounds.
A typical example of this involves the pharmaceutical patents that utilize a
Markush-type formula to claim a compound. A Markush-type formula has
numerous radicals with wide possibilities of potential substitutes that can be
chosen in its place. The combinations of all the possibilities of such radicals may
lead to a greater number of compounds, some of which have neither been studied
nor been described in a particular Patent Application.
To illustrate a selection patent, consider that to make an invention ‘A,’ the process
utilizes a temperature ranging between 20 degrees Celsius to 100 de