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European Patent Convention 2000
The EPC 2000 or European Patent Convention 2000 is the version of the European Patent Convention (EPC) as revised by the Act Revising the Convention on the Grant of European Patents signed in Munich on November 29, 2000. On June 28, 2001, the Administrative Council of the European Patent Organisation adopted the final new text of the EPC 2000. The EPC 2000 entered into force on December 13, 2007. European Patent Office (EPO) web site''Frequently asked questions about the revised European Patent Convention (EPC 2000)'', item 2. Consulted on October 31, 2007. The EPC 2000 does not introduce any major changes in substantive patent law,EPO''EPC 2000 and its impact for patent searchers'' '' Patent Information News'', Issue 1, 2007, page 1. except changes concerning novelty, industrial applicability and priority rights. The EPC 2000 is however a comprehensive revision introducing "a considerable number of smaller amendments". Background A diplomatic conference was held from 20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Convention
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A sin ... [...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 w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Official Journal Of The EPO
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" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Intellectual Property Office
The Intellectual Property Office of the United Kingdom (often referred to as the UK IPO) is, since 2 April 2007, the operating name of The Patent Office. It is the official government body responsible for intellectual property rights in the UK and is an executive agency of the Department for Business, Energy and Industrial Strategy (BEIS). Responsibilities The IPO has direct administrative responsibility for examining and issuing or rejecting patents, and maintaining registers of intellectual property including patents, designs and trade marks in the UK. As in most countries, there is no statutory register of copyright and the IPO does not conduct any direct administration in copyright matters. The IPO is led by the Comptroller General of Patents, Designs and Trade Marks, who is also Registrar of Trade Marks, Registrar of Designs and Chief Executive of the IPO. Since 1 May 2017, the Comptroller has been Tim Moss, following the resignation of John Alty who had been Comptroller ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Swiss Federal Institute Of Intellectual Property
The Swiss Federal Institute of Intellectual Property ( French: ''Institut fédéral de la propriété intellectuelle'', IPI; German: ''Eidgenössisches Institut für Geistiges Eigentum'', IGE; Italian: ''Istituto federale della proprietà intellettuale''), based in Bern, is an agency of the federal administration of Switzerland responsible for patents, trademarks, geographical indications, industrial designs and copyright. It is part of the Federal Department of Justice and Police. Since 1996, it operates as an autonomous agency with control of its own budget. History The Federal Intellectual Property Agency was founded on 15 November 1888. Albert Einstein worked there as a patent clerk for several years, including 1905, his ''Annus Mirabilis'' (miracle year). That year, while continuing to work on patents, Einstein published four groundbreaking papers that are fundamental to modern physics. The agency was renamed the Federal Office of Intellectual Property in 1978 as part of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Petition For Review
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. In United States federal courts, the term "petition for review" is also used to describe petitions that seek review of federal agency actions. Function of petitions for review in appellate procedure In jurisdictions that utilize petitions for review, parties may file a petition in an appellate tribunal that asks the appellate tribunal to determine whether the previous court or tribunal reached the correct outcome. In some jurisdictions, appellate tribunals will not rule on issues that are not raised in petitions for review. Some courts also prohibit parties from filing other motions (such as a motion for summary judgment) when they file petitions for review. Becau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Term Of Patent
The term of a patent is the maximum time during which it can be maintained in force. It is usually expressed in a number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, annuities or maintenance fees have to be regularly paid in order to keep the patent in force. Thus, a patent may lapse before its term if a renewal fee is not paid in due time. International harmonization Significant international harmonization of patent term across national laws was provided in the 1990s by the implementation of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). Article 33 of the TRIPs Agreement provides that :"The term of protection available or patentsshall not end before the expiration of a period of twenty years counted from the filing date." Consequently, in most patent laws nowadays, the term of patent is 20 years from the filing date of the application. This h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitutio In Integrum
''Restitutio ad integrum'', or ''restitutio in integrum'', is a Latin term that means "restoration to original condition". It is one of the primary guiding principles behind the awarding of damages in common law negligence claims. In European patent law, it also refers to a means of redress available to an applicant or patentee who has failed to meet a time limit despite exercising all due care. In ancient Roman law, it was a specific method of praetor intervention in an otherwise-valid legal action that was viewed as especially unjust or harmful. Common law negligence claims ''Restitutio ad integrum'' is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position that would have been the case if the tortious action had not been committed. Thus, the plaintiff should clearly be awarded damages for direct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paris Convention For The Protection Of Industrial Property
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is currently still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules. Contents National treatment According to Articles 2 and 3 of this treaty, juristic and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries of the Union, the advantages that their respective laws grant to nationals. In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and enforce the rules that govern international trade. It officially commenced operations on 1 January 1995, pursuant to the 1994 Marrakesh Agreement, thus replacing the General Agreement on Tariffs and Trade (GATT) that had been established in 1948. The WTO is the world's largest international economic organization, with 164 member states representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, quotas, and other restrictions; these agreements are signed by representatives of member governmentsUnderstanding the WTO' Handbook at WTO officia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divisional Applications Under The European Patent Convention
During the grant procedure before the European Patent Office (EPO), divisional applications can be filed under out of pending earlier European patent applications. A divisional application, sometimes called European divisional application, is a new patent application which is separate and independent from the earlier application, unless specific provisions in the European Patent Convention (EPC) require something different. A divisional application, which is divided from an earlier application, cannot be broader than the earlier application, neither in terms of subject-matter nor in terms of geographical cover. Background The possibility to file a divisional application is provided in many patent systems and is guaranteed by Article 4.G. of the Paris Convention for the Protection of Industrial Property of 1883, to which more than 170 countries are Contracting Parties. Some basic characteristics of a divisional application are as follows: :"A divisional application is an applic ... [...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. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
