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Japanese Patent Law
Japanese patent law is based on the first-to-file principle and is mainly given force by the of Japan. Article 2 defines an invention as "the highly advanced creation of technical ideas utilizing the law of nature". English translation The definitive version of Japanese law is the text in the Japanese language. An official English-language translation of the law does not exist, but the Ministry of Justice Japan has the website "Japanese Law Translation", where one can search for Japanese laws and their unofficial English translation. Intellectual property (IP) laws such as Patent Act, Copyright Act, Trademark Act, Design Act and Unfair Competition Prevention Act are included there. In addition, the Industrial Property Digital Library (IPDL) offers public access to IP Gazettes of the Japan Patent Office (JPO) free of charge through the Internet. Reliable information on Japanese IP law in English is also provided by the websites of Intellectual Property High Court, Japan Pate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First To File And First To Invent
First to file (FTF) and first to invent (FTI) are legal concepts that define who has the right to the grant of a patent for an invention. The first-to-file system is used in all countries. There is an important difference between the strict nature of the FTF under the European Patent Office, European Patent Office (EPO) and the FITF (First inventor to file) system of the United States Patent and Trademark Office, United States Patent and Trademark Office (USPTO). The USPTO FITF system affords early disclosers some "grace" time before they need to file a patent, whereas the EPO does not recognise any grace period, so early disclosure under the FITF provisions is an absolute bar to later EPO patent. First to file In a first-to-file system, the right to the grant of a patent for a given invention lies with the first person to file a patent application for protection of that invention, regardless of the date of actual invention. First to disclose The concept of a grace period ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Order
In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs. Robertson (1989:123) maintains a crime is nothing more than "an act that contravenes a law". Generally speaking, deviancy is criminalized when it is too disruptive and has proved uncontrollable through informal sanctions. Public order crime should be distinguished from political crime. In the former, although the identity of the "victim" may be indirect and sometimes diffuse, it is cumulatively the community that suffers, whereas in a political crime, the state perceives itself to be the victim and criminalizes the behaviour it considers threatening. Thus, public order crime includes consensual crime and victimless crime. It asserts the need to use the law to maintai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patentability
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met for a patent to be held valid. Requirements The patent laws usually require that, for an invention to be patentable, it must be: * Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection * Novel (i.e. at least some aspect of it must be new) * Non-obvious (in United States patent law) or involve an inventive step (in European patent law) * Useful (in U.S. patent law) or be susceptible of industrial application (in European patent law) Usually the term "''patentability''" only refers to "substantive" conditions, and does not refer to formal conditions such as the " sufficiency of disclosure", the "unity of invention" or the " best mode requirement". Judging patentability is one aspect of the official ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search Report
In patent law, a search report is a report established by a patent office, which mentions documents which may be taken into consideration in deciding whether the invention to which a patent application relates is patentable.See for instance The documents mentioned in the search report usually form part of the prior art. Patent law Categories of documents Letters are often included in search reports established for patent applications to indicate the relevance of the documents identified by the examiner. For instance, the European Patent Office (EPO) uses the following letters in search reports or in the European Patent Register:Search reports: when is an X document not an X document? |
United States 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 patent i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Law
European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. For some states in Eastern Europe, the Eurasian Patent Convention applies. Patents having effect in most European states may be obtained either nationally, via national patent offices, or via a centralised patent prosecution process at the European Patent Office (EPO). The EPO is a public international organisation established by the European Patent Convention (EPC). The EPO is neither a European Union nor a Council of Europe institution. A patent granted by the EPO does not lead to a single European patent enforceable before one single court, but rather to a bundle of essentially independent national European patents enforceable before national courts according to different national legislations and procedures. Similarly, Eurasian patents are granted by the Eurasi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called “substantive examination” of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be consid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World's Fair
A world's fair, also known as a universal exhibition or an expo, is a large international exhibition designed to showcase the achievements of nations. These exhibitions vary in character and are held in different parts of the world at a specific site for a period of time, typically between three and six months. The term "world's fair" is commonly used in the United States, while the French term, ("universal exhibition") is used in most of Europe and Asia; other terms include World Expo or Specialised Expo, with the word expo used for various types of exhibitions since at least 1958. Since the adoption of the 1928 Convention Relating to International Exhibitions, the Paris-based Bureau International des Expositions has served as an international sanctioning body for international exhibitions; four types of international exhibition are organised under its auspices: World Expos, Specialised Expos, Horticultural Expos (regulated by the International Association of Horticultural ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Fair
A trade fair, also known as trade show, trade exhibition, or trade exposition, is an exhibition organized so that companies in a specific industry can showcase and demonstrate their latest products and services, meet with industry partners and customers, study activities of rivals, and examine recent market trends and opportunities. In contrast to consumer fairs, only some trade fairs are open to the public, while others can only be attended by company representatives (members of the trade, e.g. professionals) and members of the press, therefore trade shows are classified as either "public" or "trade only". A few fairs are hybrids of the two; one example is the Frankfurt Book Fair, which is trade only for its first three days and open to the general public on its final two days. They are held on a continuing basis in virtually all markets and normally attract companies from around the globe. For example, in the U.S., there are currently over 10,000 trade shows held every year, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unity Of Invention
In most patent laws, unity of invention is a formal administrative requirement that must be met by a patent application to become a granted patent. Basically, a patent application can relate only to one invention or a group of closely related inventions. The purpose of this requirement is administrative, as well as financial. That is, the requirement serves to preclude the option of filing one patent application for several inventions, while paying only one set of fees (filing fee, search fee, examination fee, renewal fees, and so on). Unity of invention also makes the classification of patent documents easier. When a patent application is objected to on the ground of a lack of unity, it may be still considered for patent protection, unlike in the case where the invention is found to be lacking novelty. A divisional application can usually be filed for the second invention, and for the further inventions, if any. Alternatively, a patent prosecutor may make a technical argument tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Person Skilled In The Art
A person having ordinary skill in the art (abbreviated PHOSITA), a person of (ordinary) skill in the art (POSITA or PSITA), a person skilled in the art, a skilled addressee or simply a skilled person is a legal fiction found in many patent laws throughout the world. This hypothetical person is considered to have the normal skills and knowledge in a particular technical field (an "art"), without being a genius. The person mainly serves as a reference for determining, or at least evaluating, whether an invention is non-obvious or not (in U.S. patent law), or involves an inventive step or not (in European patent laws). If it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable. In some patent laws, the person skilled in the art is also used as a reference in the context of other criteria, for instance in order to determine whether an invention is sufficiently d ... [...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] |
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