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After Claiming
After claiming, or late claiming, is the practice of filing a US patent application after the publication by a third party of a description of the same invention. This is possible in US patent law with regard to applications not subject to the Leahy–Smith America Invents Act, since an inventor has one year after the publication of the description of an invention to get a patent application on file. In order to get the patent, however, the inventor must submit a declaration supported by evidence that he or she conceived of the invention before the third-party publication. The inventor must also provide evidence that he or she was diligent in either reducing the invention to practice or in filing the patent application. After claiming is not available in applications examined under the Leahy–Smith America Invents Act, with narrow exceptions relating to disclosure by the inventor or a joint inventor or by someone who had obtained the subject matter from the inventor or a join ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Application
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the administrative and legal framework of the patent office. To obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with the jurisdiction to grant a patent in the geographic area over which coverage is required. This is often a national patent office, but may be a regional body, such as the European Patent Office. Once the patent specification complies with the laws of the office concerned, a patent may be granted for the invention described and claimed by the specification. The process of "negotiating" or "arguing" with a patent office for the grant of a patent, and interaction with a patent offic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leahy–Smith America Invents Act
The Leahy–Smith America Invents Act (AIA) is a United States federal statute that was passed by Congress and was signed into law by President Barack Obama on September 16, 2011. The law represents the most significant legislative change to the U.S. patent system since the Patent Act of 1952 and closely resembles previously proposed legislation in the Senate in its previous session ( Patent Reform Act of 2009). Named for its lead sponsors, Sen. Patrick Leahy ( D- VT) and Rep. Lamar Smith ( R- TX), the Act switches the U.S. patent system from a "first to invent" to a "first inventor to file" system, eliminates interference proceedings, and develops post-grant opposition. Its central provisions went into effect on September 16, 2012 and on March 16, 2013. Provisions First to file and grace period The law switched the U.S. rights to a patent from the previous " first-to-invent" system to a " first inventor-to-file" system for patent applications filed on or after March 16, 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Swear Back Of A Reference
In United States patent law, "swearing back of a reference" is a process where an inventor, in certain circumstances, can get a US patent even though the invention became public before the inventor filed an original patent application. This law has been substantially changed as of March 16, 2013, the effective date of the first-to-file provisions of the Leahy-Smith America Invents Act (AIA), although this procedure is still available in patent applications entitled to effective filing dates before this date. The pre-AIA law granted a one-year grace period from when the invention became known in certain ways to when an inventor had to file their patent application. If, in the course of patent application examination, a patent examiner cites a reference that predates the filing date of the patent application by less than a year, an inventor may still get a US patent if they can swear back of the publication date of the reference. Procedure To effectively swear back of a referenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reducing The Invention To Practice
In United States patent law, the reduction to practice is the step in the formation of an invention beyond the conception thereof. Reduction to practice may be either actual (the invention is actually carried out and is found to work for its intended purpose) or constructive (a patent application having a sufficient disclosure is filed). The date of reduction to practice was critical to the determination of priority between inventors in an interference proceeding under the discontinued first-to-invent system as well as for swearing behind a reference under that system. Conception is the "formation in the mind of the inventor, of a definite and permanent idea of the complete and operative invention, as it is hereafter to be applied in practice." ''Hybritech Inc. v. Monoclonal Antibodies, Inc.'', 802 F.2d 1367, 1376 (Fed. Cir. 1986) (quoting 1 Robinson ''On Patents'' 532 (1890). The reduction to practice of an invention can either be: * Actual reduction to practice: " quires that t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Microarray
A microarray is a multiplex lab-on-a-chip. Its purpose is to simultaneously detect the expression of thousands of genes from a sample (e.g. from a tissue). It is a two-dimensional array on a solid substrate—usually a glass slide or silicon thin-film cell—that assays (tests) large amounts of biological material using high-throughput screening miniaturized, multiplexed and parallel processing and detection methods. The concept and methodology of microarrays was first introduced and illustrated in antibody microarrays (also referred to as antibody matrix) by Tse Wen Chang in 1983 in a scientific publication and a series of patents. The " gene chip" industry started to grow significantly after the 1995 '' Science Magazine'' article by the Ron Davis and Pat Brown labs at Stanford University. With the establishment of companies, such as Affymetrix, Agilent, Applied Microarrays, Arrayjet, Illumina, and others, the technology of DNA microarrays has become the most sophis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affymetrix
Affymetrix is now Applied Biosystems, a brand of DNA microarray products sold by Thermo Fisher Scientific that originated with an American biotechnology research and development and manufacturing company of the same name. The Santa Clara, California-based Affymetrix, Inc. now a part of Thermo Fisher Scientific was co-founded by Alex Zaffaroni and Stephen Fodor. Stephen Fodor and his group, based on their earlier development of methods to fabricate DNA microarrays using semiconductor manufacturing techniques. In 1994, the company's first product under the "GeneChip" Affymetrix trademark, an HIV genotyping chip was introduced, and the company went public in 1996. After incorporation, Affymetrix grew in part by acquiring technologies from other companies, including Genetic MicroSystems (slide-based Microarrays and scanners) and Neomorphic (for bioinformatics) in 2000, ParAllele Bioscience (custom SNP genotyping), USB/Anatrace (biochemical reagents) in 2008, Panomics (low to mid-p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be ''commercial'' (or to have a ''commercial'' purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-licensing
A cross-licensing agreement is a contract between two or more parties where each party grants rights to their intellectual property to the other parties. Patent law In patent law, a cross-licensing agreement is an agreement according to which two or more parties grant a license to each other for the exploitation of the subject-matter claimed in one or more of the patents each owns. Usually, this type of agreement happens between two parties in order to avoid litigation or to settle an infringement dispute. Very often, the patents that each party owns covers different essential aspects of a given commercial product. Thus by cross licensing, each party maintains their freedom to bring the commercial product to market. The term "cross licensing" implies that neither party pays monetary royalties to the other party, although this may be the case. For example, Microsoft and JVC entered into a cross license agreement in January 2008. Each party, therefore, is able to practice the in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
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 sufficiency of disclosure, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Ambush
A patent ambush occurs when a member of a standard-setting organization withholds information, during participation in development and setting a standard, about a patent that the member or the member's company owns, has pending, or intends to file, which is relevant to the standard, and subsequently the company asserts that a patent is infringed by use of the standard as adopted. Standards-setting organizations, such as the IEEE and ANSI, typically require each member of their committees engaged in standard setting to file a letter with the organization stating either that the member does not know of any patents of their company relevant to the standard or else identifying those patents about which they know. When the organization is advised of relevant patents, often it will either seek to use a different technology for the standard or obtain a commitment from the patent owner that it will license users of the standard on fair reasonable and non-discriminatory (FRAND) terms. Onc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Submarine Patent
A submarine patent is a patent whose issuance and publication are intentionally delayed by the applicant for a long time, which can be several years, or a decade.U.S. Committee on the Judiciary, Calendar No. 563, 110th Congress Report, 2d Session, U.S Senate, 110–259, The Patent Reform Act of 2007, January 24, 2008 footnote 112. This strategy requires a patent system where, first, patent applications are not published, and, second, patent term is measured from grant date, not from priority or filing date. In the United States, patent applications filed before Novembe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
