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Claim Chart
A claim chart is a widely used device in patent infringement litigation. It is a convenient and effective means for analyzing and presenting information regarding a patent claim. In each, typically, there are two columns: the left column contains the language of the patent claim under analysis, separated into the successive limitations (''e.g.,'' elements or steps, integers, parts) of the claim; the right column contains the information relating to the claim element at its left. Types There are three principal types of claim chart: * A chart of references (such earlier patents and magazine articles) that allegedly show the invalidity of the patent because of anticipation or obviousness). (This would be a chart prepared by the defendant or party accused of infringing the patent.) * An infringement chart that allegedly shows how the product or process accused of infringement contains each claim element, thereby satisfying the all elements test for infringement. (This would be a char ...
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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 co ...
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Patent Claim
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of the utmost importance both during prosecution and litigation alike. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method for computing future life expectancies, said method comprising gathering data including X, Y, Z, analyzing the data, comparing the analyz ...
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All Elements Test
The all elements rule or all limitations rule (often written with a hyphen after "all") is a legal test used in US patent law to determine whether a given reference shows that a patent claim lacks the Novelty (patent), novelty required to be valid. The rule is also applicable to an obviousness analysis.See ''Beckson Marine, Inc. v. NFM, Inc.'', 292 F.3d 718, 727 (Fed. Cir. 2002) (holding that for claimed subject matter to be obvious either the prior art references must expressly reach each claim limitation exactly or else the record must disclose a reason for a person of ordinary skill in the art to modify the prior art teachings to obtain the claimed invention). Under the rule, a single reference (for anticipation) or the combination of references relied upon, plus the ordinary knowledge of persons skilled in the art (for obviousness), must provide each claimed element. For anticipation, and under certain circumstances for obviousness, the doctrine of inherency may be relied on to me ...
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International Trade Commission
The United States International Trade Commission (USITC or I.T.C.) is an agency of the United States federal government that advises the legislative and executive branches on matters of trade. It is an independent, bipartisan entity that analyzes trade issues such as tariffs and competitiveness and publishes reports. As a quasi-judicial entity, the USITC investigates the impact of imports on U.S. industries, and directs actions against unfair trade practices, such as subsidies; dumping; and intellectual property infringement, including copyright infringement. Background and statutory authority The USITC was established by the U.S. Congress on September 8, 1916, as the U.S. Tariff Commission. In 1974, the name was changed to the U.S. International Trade Commission by section 171 of the Trade Act of 1974. Statutory authority for the USITC's responsibilities is provided by the following legislation: * Tariff Act of 1930 * Agricultural Adjustment Act of 1933 * Trade ...
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Patentable Subject Matter
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability. Legislations The subject-matter which is regarded as patentable as a matter of policy, and correspondingly the subject-matter which is excluded from patentability as a matter of policy, depends on the national legislation or international treaty. Canada According to the Canadian Intellectual Property Office (CIPO) patents may only be granted for physical embodiments of an idea, or a process that results in something that is tangi ...
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Alice Corp
Alice may refer to: * Alice (name), most often a feminine given name, but also used as a surname Literature * Alice (''Alice's Adventures in Wonderland''), a character in books by Lewis Carroll * ''Alice'' series, children's and teen books by Phyllis Reynolds Naylor * ''Alice'' (Hermann book), a 2009 short story collection by Judith Hermann Computers * Alice (computer chip), a graphics engine chip in the Amiga computer in 1992 * Alice (programming language), a functional programming language designed by the Programming Systems Lab at Saarland University * Alice (software), an object-oriented programming language and IDE developed at Carnegie Mellon * Alice mobile robot * Artificial Linguistic Internet Computer Entity, an open-source chatterbot * Matra Alice, a home micro-computer marketed in France * Alice, a brand name used by Telecom Italia for internet and telephone services Video games * '' Alice: An Interactive Museum'', a 1991 adventure game * ''American McGee's Alice ...
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