Computer Programs And The Patent Cooperation Treaty
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Computer Programs And The Patent Cooperation Treaty
There are two provisions in the regulations annexed to the Patent Cooperation Treaty (PCT) that relate to the search and examination of patent applications concerning computer programs. These two provisions are present in the PCT, which does not provide for the grant of patents but provides a unified procedure for filing, searching and examining patent applications, called international applications. The question of patentability is touched when conducting the search and the examination, which is an examination of whether the invention appears to be patentable. These two provisions are and , and, in conjunction respectively with and , may have a concrete impact on the procedure under the PCT, in the search and examination performed under the PCT."''The international examination now being conducted by CIPO instead of EPO may also have repercussions given the position taken by CIPO regarding the patentability of certain kinds of subject-matter in comparison with EPO and other coun ...
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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 ...
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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,
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African Intellectual Property Organization
African or Africans may refer to: * Anything from or pertaining to the continent of Africa: ** People who are native to Africa, descendants of natives of Africa, or individuals who trace their ancestry to indigenous inhabitants of Africa *** Ethnic groups of Africa *** Demographics of Africa *** African diaspora ** African, an adjective referring to something of, from, or related to the African Union ** Citizenship of the African Union ** Demographics of the African Union **Africanfuturism ** African art ** *** African jazz (other) ** African cuisine ** African culture ** African languages ** African music ** African Union ** African lion, a lion population in Africa Books and radio * ''The African'' (essay), a story by French author J. M. G. Le Clézio * ''The African'' (Conton novel), a novel by William Farquhar Conton * ''The African'' (Courlander novel), a novel by Harold Courlander * ''The Africans'' (radio program) Music * "African", a song by Peter Tosh fr ...
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Eurasian Patent Organization
The Eurasian Patent Organization (EAPO) is an international organization set up in 1995 by the Eurasian Patent Convention (EAPC) to grant Eurasian patents. The official language of the EAPO is Russian and its current president is Saule Tlevlessova. The headquarters of the EAPO is in Moscow, Russia. Membership and signatories Member states As of February 2021, the following 8 countries are contracting states to the EAPC and therefore members of the Eurasian Patent Organization: * * * * * * * * Former members Moldova is a former member state of the Eurasian Patent Organization. On 26 October 2011, Moldova denounced the Eurasian Patent Convention, meaning that, since 26 April 2012, it is no longer party to the Convention. In December 2011, negotiations on a "validation and co-operation agreement" between the European Patent Office (EPO) and Moldova were authorized by the Administrative Council of the European Patent Organisation. The validation agreement with Mol ...
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Software Patents Under United Kingdom Patent Law
Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consists of machine language instructions supported by an individual processor—typically a central processing unit (CPU) or a graphics processing unit (GPU). Machine language consists of groups of binary values signifying processor instructions that change the state of the computer from its preceding state. For example, an instruction may change the value stored in a particular storage location in the computer—an effect that is not directly observable to the user. An instruction may also invoke one of many input or output operations, for example displaying some text on a computer screen; causing state changes which should be visible to the user. The processor executes the instructions in the order they are provided, unless it is instructed to ...
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Peter Prescott QC
Peter Richard Kyle Prescott KC (born 23 January 1943) is an Anglo-Argentine barrister and was a Deputy High Court Judge of England and Wales, and a specialist on the law of copyright. He was educated at St George's College, Argentina, Dulwich College and University College London, where he gained a BSc, followed by an MSc from Queen Mary College. He was called to the bar at Lincoln's Inn in 1970 and was made a bencher in 2001. As a Deputy High Court Judge, he has heard a variety of intellectual property cases, including '' CFPH LLC's Applications'' (2005), which sought to bring the United Kingdom practice concerning patentable subject matter more into line with that of the 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 organisation
. Prescott i ...
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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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Claim (patent)
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 analy ...
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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 ...
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European Patent Organisation
The European Patent Organisation (sometimes abbreviated EPOrg in order to distinguish it from the European Patent Office, one of the two organs of the organisation) is a public international organisation created in 1977 by its contracting states to grant patents in Europe under the European Patent Convention (EPC) of 1973.Gower's Report on Intellectual Property
, para 1.34
The European Patent Organisation has its at ,

Official Journal Of The European Patent Office
The ''Official Journal of the European Patent Office'' (''OJ EPO'') is a monthly trilingual publication of the European Patent Office (EPO). It contains "notices and information of a general character issued by the President of the European Patent Office, as well as any other information relevant to European_Patent_Convention.html"_;"title="he_European_Patent_Convention">he_European_Patent_Convention_(EPC)or_its_implementation"._The_''Official_Journal''_is_published_in_he_European_Patent_Convention_(EPC)">European_Patent_Convention.html"_;"title="he_European_Patent_Convention">he_European_Patent_Convention_(EPC)or_its_implementation"._The_''Official_Journal''_is_published_in_German_language">German,_ he_European_Patent_Convention_(EPC)">European_Patent_Convention.html"_;"title="he_European_Patent_Convention">he_European_Patent_Convention_(EPC)or_its_implementation"._The_''Official_Journal''_is_published_in_German_language">German,_English_language">English_and_French_language.html" ...
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