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Disclosure Requirement
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 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Law
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] |
Software
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nanotechnology Law & Business
''Nanotechnology Law & Business'' is a quarterly peer-reviewed law journal covering all legal, business, and policy aspects of nanotechnology. It was established in 2004 and the editors-in-chief are Don Featherstone ( Sterne, Kessler, Goldstein & Fox) and Douglas Jamison ( Harris & Harris Group). Abstracting and indexing The journal is abstracted and indexed in Scopus Scopus is Elsevier's abstract and citation database launched in 2004. Scopus covers nearly 36,377 titles (22,794 active titles and 13,583 inactive titles) from approximately 11,678 publishers, of which 34,346 are peer-reviewed journals in top-l .... References External links * Nanotechnology journals Quarterly journals American law journals English-language journals Publications established in 2004 {{law-journal-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sufficiency Of Disclosure In Canadian Patent Law
In Canada, every patent application must include the “specification”. The patent specification has three parts: the disclosure, the claims, and the abstract. The contents of the specification are crucial in patent litigation. Components of the specification Disclosure requirements The requirements of disclosure are set out in s. 27 of the ''Patent Act'': In the disclosure, the applicant explains what his or her invention is and how to put it to use. * For a product, this means that the disclosure must show how to make and use the invention. * For a new combination, the elements of and result of the combination must be detailed. * For a machine, the inventor must indicate the principle of the invention and the best mode of applying it. The sufficiency of the disclosure, with any valid amendments made to it, is judged at the patent's claim date. The disclosure must be fair, honest, open and sufficient. If a person skilled in the art can arrive at the same results onl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reduction To Practice
In United States patent law, the reduction to practice is the step in the formation of an invention beyond the conception thereof. Reduction to practice may be either actual (the invention is actually carried out and is found to work for its intended purpose) or constructive (a patent application having a sufficient disclosure is filed). The date of reduction to practice was critical to the determination of priority between inventors in an interference proceeding under the discontinued first-to-invent system as well as for swearing behind a reference under that system. Conception is the "formation in the mind of the inventor, of a definite and permanent idea of the complete and operative invention, as it is hereafter to be applied in practice." ''Hybritech Inc. v. Monoclonal Antibodies, Inc.'', 802 F.2d 1367, 1376 ( Fed. Cir. 1986) (quoting 1 Robinson ''On Patents'' 532 (1890). The reduction to practice of an invention can either be: * Actual reduction to practice: " quires tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incredible Utility
In United States patent law, incredible utility is a concept according to which, in order for an invention to be patentable, it must have some credible useful function. If it does not have a credible useful function despite the assertions of the inventor, then the application for patent can be rejected as having "incredible utility". The invention does not have to work the way the inventor thinks it works, but it must do something useful. Patents that have been held invalid for incredible utility include: * an invention asserted to change the taste of food using a magnetic field (''Fregeau v. Mossinghoff'', 776 F.2d 1034, 227 USPQ 848 (Fed. Cir. 1985)), * a perpetual motion machine (''Newman v. Quigg'', 877 F.2d 1575, 11 USPQ2d 1340 (Fed. Cir. 1989)), * a flying machine operating on "flapping or flutter function" (''In re Houghton'', 433 F.2d 820, 167 USPQ 687 (CCPA 1970)), * a cold fusion process for producing energy (''In re Swartz'', 232 F.3d 862, 56 USPQ2d 1703, (Fed. Cir. 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leahy–Smith America Invents Act
The Leahy–Smith America Invents Act (AIA) is a United States federal statute that was passed by Congress and was signed into law by President Barack Obama on September 16, 2011. The law represents the most significant legislative change to the U.S. patent system since the Patent Act of 1952 and closely resembles previously proposed legislation in the Senate in its previous session (Patent Reform Act of 2009). Named for its lead sponsors, Sen. Patrick Leahy ( D- VT) and Rep. Lamar Smith ( R- TX), the Act switches the U.S. patent system from a "first to invent" to a "first inventor to file" system, eliminates interference proceedings, and develops post-grant opposition. Its central provisions went into effect on September 16, 2012 and on March 16, 2013. Provisions First to file and grace period The law switched the U.S. rights to a patent from the previous "first-to-invent" system to a " first inventor-to-file" system for patent applications filed on or after March 16, 2013. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Electrical Engineer
Electrical engineering is an engineering discipline concerned with the study, design, and application of equipment, devices, and systems which use electricity, electronics, and electromagnetism. It emerged as an identifiable occupation in the latter half of the 19th century after commercialization of the electric telegraph, the telephone, and electrical power generation, distribution, and use. Electrical engineering is now divided into a wide range of different fields, including computer engineering, systems engineering, power engineering, telecommunications, radio-frequency engineering, signal processing, instrumentation, photovoltaic cells, electronics, and optics and photonics. Many of these disciplines overlap with other engineering branches, spanning a huge number of specializations including hardware engineering, power electronics, electromagnetics and waves, microwave engineering, nanotechnology, electrochemistry, renewable energies, mechatronics/control, and electrica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jerome H
Jerome (; la, Eusebius Sophronius Hieronymus; grc-gre, Εὐσέβιος Σωφρόνιος Ἱερώνυμος; – 30 September 420), also known as Jerome of Stridon, was a Christian priest, confessor, theologian, and historian; he is commonly known as Saint Jerome. Jerome was born at Stridon, a village near Emona on the border of Dalmatia and Pannonia. He is best known for his translation of the Bible into Latin (the translation that became known as the Vulgate) and his commentaries on the whole Bible. Jerome attempted to create a translation of the Old Testament based on a Hebrew version, rather than the Septuagint, as Latin Bible translations used to be performed before him. His list of writings is extensive, and beside his biblical works, he wrote polemical and historical essays, always from a theologian's perspective. Jerome was known for his teachings on Christian moral life, especially to those living in cosmopolitan centers such as Rome. In many cases, he focu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pharmaceuticals
A medication (also called medicament, medicine, pharmaceutical drug, medicinal drug or simply drug) is a drug used to diagnose, cure, treat, or prevent disease. Drug therapy (pharmacotherapy) is an important part of the medical field and relies on the science of pharmacology for continual advancement and on pharmacy for appropriate management. Drugs are classified in multiple ways. One of the key divisions is by level of control, which distinguishes prescription drugs (those that a pharmacist dispenses only on the order of a physician, physician assistant, or qualified nurse) from over-the-counter drugs (those that consumers can order for themselves). Another key distinction is between traditional small molecule drugs, usually derived from chemical synthesis, and biopharmaceuticals, which include recombinant proteins, vaccines, blood products used therapeutically (such as IVIG), gene therapy, monoclonal antibodies and cell therapy (for instance, stem cell therapies). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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