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Disclaimer (patent)
In patent law, a disclaimer are words identifying, in a claim, subject-matter that is not claimed or another writing disclaiming rights ostensibly protected by the patent. By extension, a disclaimer may also mean the amendment consisting in introducing a negative limitation in an existing claim, i.e. "an amendment to a claim resulting in the incorporation therein of a 'negative' technical feature, typically excluding from a general feature specific embodiments or areas". The allowability of disclaimers is subject to particular conditions, which may vary widely from one jurisdiction to another. Origins Possibly the earliest mention of patent disclaimers was in the British " Letters Patent and Trademark Amendment Act 1835", in the sense of a right to renounce one's patent monopoly or a part thereof. That right was subject to safeguards to make sure that the disclaimer was a true renunciation, rather than an extension of the monopoly. In 1865, in a case before the House of Lords, ''Ra ... [...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 la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. The claims particularly point out the subject matter which the inventor(s) regard as their invention. 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 patent infringement, infringement liability. The claims are of paramount importance in both patent prosecution, prosecution and lawsuit, litigation. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letters Patent And Trademark Amendment Act 1835
Letter, letters, or literature may refer to: Characters typeface * Letter (alphabet), a character representing one or more of the sounds used in speech or none in the case of a silent letter; any of the symbols of an alphabet * Letterform, the graphic form of a letter of the alphabet, either as written or in a particular type font * Rehearsal letter in an orchestral score Communication * Letter (message), a form of written communication ** Mail * Letters, the collected correspondence of a writer or historically significant person **Pauline epistles, addressed by St. Paul to various communities or congregations, such as "Letters to the Galatians" or "Letters to the Corinthians", and part of the canonical books of the Bible ** Maktubat (other), the Arabic word for collected letters * The letter as a form of second-person literature; see Epistle ** Epistulae (Pliny) ** Epistolary novel, a long-form fiction composed of letters (epistles) * Open letter, a public letter as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 from 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. History 1623. England adopts Statute of Monopolies, which has been acknowledged as a legal predecessor of the US patent law. 1789. U.S. Constitution in Article I, Section 8, Clause 8 authorizes Congress "to promote the Progress of . . . useful Arts, by securing for limited Times to . . . Inventors the exclusive Right to their . . . Discoveries." It is believed that, unlike most parts of the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an List of federal agencies in the United States, agency in the United States Department of Commerce, U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City, Virginia, Crystal City area of neighboring Arlington County, Virginia, Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services [it] provide[s]". The office is headed by the Under Secretary of Commerce for Intellectual Property, under secretary of commerce for intellectual property and directo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. The claims particularly point out the subject matter which the inventor(s) regard as their invention. 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 paramount importance in both prosecution and litigation. 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 meth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Term Of Patent In The United States
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications). The patent term in the United States was changed in 1995 to bring U.S. patent law into conformity with the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as negotiated in the Uruguay Round. As a side effect, it is no longer possible to maintain submarine patents in the U.S., since the patent term now depends on the filing date, not the issue date. Design patents have a shorter term than utility patents. Design patents filed on or after May 13, 2015, have a term of 15 years from issuance. Design patents filed prior to May 13, 2015, have a term of 14 years from issuance. History The original patent term under the 1790 Pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terminal Disclaimer
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications). The patent term in the United States was changed in 1995 to bring U.S. patent law into conformity with the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as negotiated in the Uruguay Round. As a side effect, it is no longer possible to maintain submarine patents in the U.S., since the patent term now depends on the filing date, not the issue date. Design patents have a shorter term than utility patents. Design patents filed on or after May 13, 2015, have a term of 15 years from issuance. Design patents filed prior to May 13, 2015, have a term of 14 years from issuance. History The original patent term under the 1790 Patent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Patenting
Double patenting is the granting of two patents for a single invention, to the same proprietor and in the same country or countries. According to the European Patent Office, it is an accepted principle in most patent systems that two patents cannot be granted to the same applicant for one invention. However, the threshold for double patenting varies from jurisdiction to jurisdiction. By jurisdiction Australia Australian patent law includes a statutory bar on double patenting to the same inventor, but not to different inventors, for the same invention. Subsection 64(1) firstly grants the Commissioner of Patents a discretion to grant multiple patents for the same invention: :"Subject to this section, where there are 2 or more applications for patents for identical, or substantially identical, inventions, the granting of a patent on one of those applications does not prevent the granting of a patent on any of the other applications." However, Subsection 64(2) prohibits such grant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Electronic Filing System (USPTO)
Electronic Filing System of the United States Patent and Trademark Office (USPTO), also referred to as EFS-Web or simply EFS, was a web-based system for submitting patent applications and related documents electronically. All users could file new applications for Petition to make special#Accelerated examination, accelerated examination, design patents, design patent reissues, international applications for filing in the US receiving office, provisional applications, reexamination requests, utility patents under 35 U.S.C. § 111(a), utility patent reissues, U.S. National Stage applications under 35 U.S.C. § 371, ASCII text files (for sequence listings, computer listings, mega tables, mathematical formulae, chemical formulae, and 3D protein crystal structures), and petitions under 37 C.F.R. § 1.378(c). Applications must be in PDF format. Users who have registered could also file follow-on documents and/or fees for previously filed applications, and pre-grant publications. After fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amendments Under The European Patent Convention
Article 123 of the European Patent Convention (EPC) relates to the amendments under the EPC, i.e. the amendments to a European patent application or patent, and notably the conditions under which they are allowable. In particular, prohibits adding subject-matter going beyond the content of the application as filed, while prohibits an extension of the scope of protection by amendment after grant. In addition, limits the types of amendments that can be done during Opposition procedure before the European Patent Office, opposition proceedings before the European Patent Office (EPO), and relates to the correction of errors in documents filed with the EPO. Background The EPC provides that an applicant may in principle amend the documents constituting their European patent application after filing, as it is considered that the applicant may not have a full picture of the prior art at the time when the application is drafted and filed with the EPO. Article 123(1) EPC: Procedural ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
