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Aruban Patent
Patent law in Aruba is mainly governed by the ''Patents Regulation'' ( nl, Octrooiverordening, formally: ''landsverordening houdende regels met betrekking tot octrooien''), the law governing the Aruban patent. The Dutch government indicated in 2007, that the patent regulation was, to a large extent (and with the exception of provisions regarding European patents) identical to the Rijksoctrooiwet. Aruban patent The patent term in Aruba is 20 years, and also a short-term patent is available with a duration of 6 years. Inventions have to fulfill 3 requirements to be patentable: they have to be new, inventive and industrially applicable. and an International Search (or similar investigation regarding the state of the art) has to be requested for the 20-years' patent. The Aruban patent is a registration patent and thus granted if the application is clear and formal requirements are fulfilled, even if the search results in concerns regarding novelty or inventively. Patent applications ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Law
A 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."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent
The 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. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Law Treaty
The Patent Law Treaty (PLT) is a patent law multilateral treaty concluded on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation (an intergovernmental organization). It aims at harmonizing formal procedures such as the requirements to obtain a filing date for a patent application, the form and content of a patent application, and representation. As of May 2021, the PLT had 43 contracting states, while 59 states and the European Patent Organisation have signed the treaty. History France Prior to the entry into force of the treaty in France, a bill was submitted on 14 January 2009 at the French Senate proposing the ratification of the PLT by France. In March 2009, a report from French Senator Rachel Mazuir recommended the ratification of the PLT, as soon as possible, by France. On 24 July 2009, the government was authorized to ratify the PLT. The PLT then entered into force for France on 5 January 2010. United States The Treaty was r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
WIPO
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020. WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform standards and infrastructure, and serving as a general r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Budapest Treaty
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, or Budapest Treaty, is an international treaty signed in Budapest, Hungary, on April 28, 1977. It entered into force on August 19, 1980, and was later amended on September 26, 1980. The treaty is administered by the World Intellectual Property Organization (WIPO). Membership As of April 2022, 86 countries are party to the Budapest Treaty. The accession to the Treaty is open to States party to the Paris Convention for the Protection of Industrial Property of 1883. The African Regional Industrial Property Organization (ARIPO), the Eurasian Patent Organization (EAPO) and the European Patent Organisation (EPO) have filed a declaration of acceptance under Article 9(1)(a)WIPO web site, Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent ProcedureArticle 9 Intergovernmental Industrial Property Organizations ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strasbourg Agreement Concerning The International Patent Classification
The Strasbourg Agreement Concerning the International Patent Classification (or IPC), also known as the IPC Agreement, is an international treaty that established a common classification for patents for invention, inventors' certificates, utility models and utility certificates, known as the "International Patent Classification" (IPC). The treaty was signed in Strasbourg, France, on March 24, 1971, it entered into force on October 7, 1975, and was amended on September 28, 1979. States that are parties to the Paris Convention for the Protection of Industrial Property (1883) may become party to the Strasbourg Agreement. As of March 2021, there were 64 contracting parties to the Strasbourg Agreement. The Holy See, the Iran and Liechtenstein signed the Agreement in 1971Article 16(1)(b) of the Agreement: "This Agreement shall remain open for signature at Strasbourg until September 30, 1971." but have not ratified it. See also *European Convention on the International Classification of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Patent Classification
The International Patent Classification (IPC) is a hierarchical patent classification system used in over 100 countries to classify the content of patents in a uniform manner. It was created under the Strasbourg Agreement (1971), one of a number of treaties administered by the World Intellectual Property Organization (WIPO). The classification is updated on a regular basis by a Committee of Experts, consisting of representatives of the Contracting States of that Agreement with observers from other organisations, such as the European Patent Office. Classification Patent publications from all of the Contracting States (and also most others) are each assigned at least one classification symbol indicating the subject to which the invention relates and may also be assigned further classification symbols and indexing codes to give further details of the contents. Each classification symbol is of the form A01B 1/00 (which represents "hand tools"). The first letter represents the "section ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention On The Unification Of Certain Points Of Substantive Law On Patents For Invention
{{Use dmy dates, date=April 2022 The Convention on the Unification of Certain Points of Substantive Law on Patents for Invention, also called Strasbourg Convention or Strasbourg Patent Convention, is a multilateral treaty signed by Member States of the Council of Europe on November 27, 1963 in Strasbourg, France. It entered into force on August 1, 1980 and led to a significant harmonization of patent laws across European countries. This Convention establishes patentability criteria, i.e. specifies on which grounds inventions can be rejected as not patentable. Its intent was to harmonize substantive patent law but not procedural law. This Convention is quite different from the European Patent Convention (EPC), which establishes an independent system for granting European patents. The Strasbourg Convention has had a significant impact on the EPC, on national patent laws across Europe, on the Patent Cooperation Treaty (PCT), on the Patent Law Treaty (PLT) and on the WTO's TRIPS. Ra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Office
The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisationGower's Report on Intellectual Property , para 1.34 while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the lies with the Contracting States themselves when meeting at a Conference of the Contracting States. Within the European Patent Office, [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. A single filing of a PCT application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention, which is the subject of the application. It is optionally followed by a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). Finally, the relevant national or regional authorities administer matters related to the examination of application (if provided by national law) and issuance of patent. A PCT application does not itself result in the grant of a patent, since there is no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Priority Right
In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application. When filing the subsequent application, the applicant must claim the priority of the first application in order to make use of the right of priority. The right of priority belongs to the applicant or his ''successor in title''. The period of priority, i.e., the period during which the priority right exists, is usually 6 months for industrial designs and trademarks and 12 months for patents and utility models. The period of priority is often referred to as the priority year for patents and utility models. In patent law, when a priority is validly claimed, the date o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paris Convention For The Protection Of Industrial Property
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is currently still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules. Contents National treatment According to Articles 2 and 3 of this treaty, juristic and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries of the Union, the advantages that their respective laws grant to nationals. In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
