|
Claim Construction
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 ... [...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 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] |
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north toward the East China Sea, Philippine Sea, and Taiwan in the south. Japan is a part of the Ring of Fire, and spans Japanese archipelago, an archipelago of List of islands of Japan, 6852 islands covering ; the five main islands are Hokkaido, Honshu (the "mainland"), Shikoku, Kyushu, and Okinawa Island, Okinawa. Tokyo is the Capital of Japan, nation's capital and largest city, followed by Yokohama, Osaka, Nagoya, Sapporo, Fukuoka, Kobe, and Kyoto. Japan is the List of countries and dependencies by population, eleventh most populous country in the world, as well as one of the List of countries and dependencies by population density, most densely populated and Urbanization by country, urbanized. About three-fourths of Geography of Japan, the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Examiner
A patent examiner (or, historically, a patent clerk) is an employee, usually a civil servant with a scientific or engineering background, working at a patent office. Major employers of patent examiners are the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO), and other patent offices around the world. Duties Patent examiners review patent applications to determine whether the invention(s) claimed in each of them should be granted a patent or whether the application should instead be refused. One of the most important tasks of a patent examiner is to review the disclosure in the application and to compare it to the prior art. This involves reading and understanding a patent application, searching the prior art (including prior patent applications and patents, scientific literature databases, etc.) to determine what contribution the invention makes over the prior art, and issuing office actions to explain to the applica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The invocation of a presumption shifts the Legal burden of proof, burden of proof from one party to the opposing party in a court trial. There are two types of presumption: ''rebuttable presumption'' and ''conclusive presumption''. A rebuttable presumption is assumed true until a person proves otherwise (for example the presumption of innocence). In contrast, a conclusive (or irrebuttable) presumption cannot be refuted in any case (such as defense of infancy in some legal systems). Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts. In the United States, mandatory presumptions are impermissible in criminal cases, but permissible presumptions are allowed. An example of presumption without basic facts is presumption of innocence. An example of presumption ''with'' basic facts is Declared death in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Markman Hearing
A ''Markman'' hearing is a pretrial hearing in a U.S. District Court during which a judge examines evidence from all parties on the appropriate meanings of relevant key words used in a patent claim, when patent infringement is alleged by a plaintiff. It is also known as a "Claim Construction Hearing". Holding a ''Markman'' hearing in patent infringement cases has been common practice since the U.S. Supreme Court, in the 1996 case of ''Markman v. Westview Instruments, Inc.'', found that the language of a patent is a matter of law for a judge to decide, not a matter of fact for a jury to decide. In the United States, juries determine facts in many situations, but judges determine matters of law. ''Markman'' hearings are important, because the court determines patent infringement cases by the interpretation of claims. A ''Markman'' hearing may encourage settlement, because the judge's claim construction finding can indicate a likely outcome for the patent infringement case as a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Infringement Under United States Law
In the United States, a valid patent provides its proprietor with the right to exclude others from practicing the invention claimed in that patent. A person who practices that invention without the permission of the patent holder infringes that patent. More specifically, an infringement occurs where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its equivalent. No infringement action may be started until the patent is issued. However, pre-grant protection is available under (d), which allows a patent owner to obtain reasonable royalty damages for certain infringing activities that occurred before patent's date of issuance. This right to obtain provisional damages requires a patent holder to show that (1) the infringing activities occurred after the publication of the patent application, (2) the patented claims are substantially identical to the claims in the published application, and (3) the infringer had "actual notice" of the pub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sufficiency Of Disclosure
Sufficiency of disclosure or enablement is a patent law requirement that a patent application disclose a claimed invention in sufficient detail so that the person skilled in the art could carry out that claimed invention. The requirement is fundamental to patent law: a monopoly is granted for a given period of time in exchange for a disclosure to the public how to make or practice the invention. Background The disclosure requirement lies at the heart and origin of patent law. An inventor, or the inventor's assignee, is granted a monopoly for a given period of time in exchange for the inventor disclosing to the public how to make or practice their invention. If a patent fails to contain such information, then the bargain is violated, and the patent is unenforceable or can be revoked. Jurisdictions Europe Article 83 of the European Patent Convention states that an application must ''disclose the invention in a manner sufficiently clear and complete for it to be carried out by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lexicographer
Lexicography is the study of lexicons, and is divided into two separate academic disciplines. It is the art of compiling dictionaries. * Practical lexicography is the art or craft of compiling, writing and editing dictionaries. * Theoretical lexicography is the scholarly study of semantic, orthographic, syntagmatic and paradigmatic features of lexemes of the lexicon (vocabulary) of a language, developing theories of dictionary components and structures linking the data in dictionaries, the needs for information by users in specific types of situations, and how users may best access the data incorporated in printed and electronic dictionaries. This is sometimes referred to as 'metalexicography'. There is some disagreement on the definition of lexicology, as distinct from lexicography. Some use "lexicology" as a synonym for theoretical lexicography; others use it to mean a branch of linguistics pertaining to the inventory of words in a particular language. A person de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transitional Phrase
A transitional phrase, in United States patent law, is a phrase that links the preamble of a patent claim to the specific elements set forth in the claim which define what the invention itself actually is. The transitional phrase acts as a limitation on the claim, indicating whether a similar device, method, or composition infringes the patent if it contains more or fewer elements than the claim in the patent. There are three kinds of transitional phrases: open, closed, and hybrid. Closed transition A closed transition usually uses the words "consisting of.” Use of this phrase limits the preamble to exactly what follows and nothing more. An example would be a patent claim for a pencil, which might say in the preamble "a writing device", followed by the closed transition "consisting of", and concluding with a description such as "a cylindrical piece of lead, graphite, or another material similarly capable of leaving a mark when drawn against a surface, and a second surrounding ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fastener
A fastener (US English) or fastening (UK English) is a hardware device that mechanically joins or affixes two or more objects together. In general, fasteners are used to create non-permanent joints; that is, joints that can be removed or dismantled without damaging the joining components. Welding is an example of creating permanent joints. Steel fasteners are usually made of stainless steel, carbon steel, or alloy steel. Other alternative methods of joining materials include: crimping, welding, soldering, brazing, taping, gluing, cement, or the use of other adhesives. Force may also be used, such as with magnets, vacuum (like suction cups), or even friction (like sticky pads). Some types of woodworking joints make use of separate internal reinforcements, such as dowels or biscuits, which in a sense can be considered fasteners within the scope of the joint system, although on their own they are not general purpose fasteners. Furniture supplied in flat-pack form often uses c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rivet
A rivet is a permanent mechanical fastener. Before being installed, a rivet consists of a smooth cylindrical shaft with a head on one end. The end opposite to the head is called the ''tail''. On installation, the rivet is placed in a punched or drilled hole, and the tail is ''upset'', or ''bucked'' (i.e., deformed), so that it expands to about 1.5 times the original shaft diameter, holding the rivet in place. In other words, the pounding or pulling creates a new "head" on the tail end by smashing the "tail" material flatter, resulting in a rivet that is roughly a dumbbell shape. To distinguish between the two ends of the rivet, the original head is called the ''factory head'' and the deformed end is called the ''shop head'' or buck-tail. Because there is effectively a head on each end of an installed rivet, it can support tension loads. However, it is much more capable of supporting shear loads (loads perpendicular to the axis of the shaft). Fastenings used in traditional w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nail (engineering)
In woodworking and construction, a nail is a small object made of metal (or wood, called a tree nail or "trunnel") which is used as a fastener, as a peg to hang something, or sometimes as a decoration. Generally, nails have a sharp point on one end and a flattened head on the other, but headless nails are available. Nails are made in a great variety of forms for specialized purposes. The most common is a ''wire nail''. Other types of nails include ''pins'', ''Thumbtack, tacks'', ''wikt:brad, brads'', ''spikes'', and ''cleat (shoe), cleats.'' Nails are typically driven into the workpiece by a hammer or nail gun. A nail holds materials together by friction in the axial direction and Shear stress, shear strength laterally. The point of the nail is also sometimes bent over or ''clinched'' after driving to prevent pulling out. History The history of the nail is divided roughly into three distinct periods: * Hand-wrought (forged) nail (pre-history until 19th century) * Cut nail (ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
