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Internet As A Source Of Prior Art
In the context of patent law, using the Internet as a source of prior art when assessing whether an invention is novel and inventive (two conditions for patentability), may be problematic if it is difficult to ascertain precisely when information on websites became available to the public. Background In most patent laws, an (alleged) invention must be ''new'' and '' inventive'' (or non-obvious, which is basically synonymous of ''inventive'') to be considered ''patentable'', i.e., to be validly patented. An invention is considered new if it does not form part of the ''prior art'' (or state of the art), i.e., if it was not already disclosed in the prior art. An invention is considered inventive if it is not obvious in view of the prior art. The prior art is essentially everything available to the public before the filing date of the patent. In practice, if a device or a method was already known (e.g. described in a scientific paper) before the filing date of the patent covering ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Balance Of Probabilities
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boards Of Appeal Of The European Patent Office
The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO). For instance, a decision of an Examining Division refusing to grant a European patent application may be appealed by the applicant. The appeal procedure before the European Patent Office is under the responsibility of its Boards of Appeal, which are institutionally independent within the EPO. Overview Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. These boards act as the final instances in the granting and opposition procedures before the EPO. The Boards of Appeal have been recognised as courts, or tr ... [...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? |
Public Participation In Patent Examination
The involvement of the public in patent examination is used in some forms to help identifying relevant prior art and, more generally, to help assessing whether patent applications and inventions meet the requirements of patent law, such as novelty, inventive step or non-obviousness, and sufficiency of disclosure. Rationale The rationale for public participation in patent-application reviews is that knowledgeable persons in fields that are relevant to a particular patent application will provide useful information to patent examiners if the proper forum is provided. One model for such a forum is a wiki model where the public may submit the prior art and commentary that are relevant to a given patent application, and patent examiners can consult that forum. The intended effect is that patent examination will be more efficient and thorough so that the patents that are issued will be of a higher quality than is currently possible. History In the 17th and 18th centuries, patent examina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Business Week
''Bloomberg Businessweek'', previously known as ''BusinessWeek'', is an American weekly business magazine published fifty times a year. Since 2009, the magazine is owned by New York City-based Bloomberg L.P. The magazine debuted in New York City in September 1929. Bloomberg Businessweek business magazines are located in the Bloomberg Tower, 731 Lexington Avenue, Manhattan in New York City and market magazines are located in the Citigroup Center, 153 East 53rd Street between Lexington and Third Avenue, Manhattan in New York City. History ''Businessweek'' was first published based in New York City in September 1929, weeks before the stock market crash of 1929. The magazine provided information and opinions on what was happening in the business world at the time. Early sections of the magazine included marketing, labor, finance, management and Washington Outlook, which made ''Businessweek'' one of the first publications to cover national political issues that directly impacted the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Examiner
A patent examiner (or, historically, a patent clerk) is an employee, usually a civil servant with a scientific or engineering background, working at a patent office. Major employers of patent examiners are the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO), and other patent offices around the world. Duties Patent examiners review patent applications to determine whether the invention(s) claimed in each of them should be granted a patent or whether the application should instead be refused. One of the most important tasks of a patent examiner is to review the disclosure in the application and to compare it to the prior art. This involves reading and understanding a patent application, searching the prior art (including prior patent applications and patents, scientific literature databases, etc.) to determine what contribution the invention makes over the prior art, and issuing office actions to explain to the applica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the 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 area of neighboring 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 tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the funct ... [...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 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] |
Publication
To publish is to make content available to the general public.Berne Convention, article 3(3) URL last accessed 2010-05-10.Universal Copyright Convention, Geneva text (1952), article VI . URL last accessed 2010-05-10. While specific use of the term may vary among countries, it is usually applied to text, images, or other audio-visual content, including paper ( |
Gewerblicher Rechtsschutz Und Urheberrecht
''Gewerblicher Rechtsschutz und Urheberrecht'' (, ) is a monthly intellectual property law journal published in German.ISSN reference. It is the journal of the German Association for the Protection of Intellectual Property (German: ''Deutsche Vereinigung für gewerblichen Rechtsschutz und Urheberrecht'') and was established in 1899. The journal articles mainly concern German law. It is the journal with the longest tradition in the field of intellectual property law in Germany. Because of the green cover of the journal, the whole area of intellectual property law is commonly referred to as "green section" ("''grüner Bereich''") among German lawyers.Mathias Schmoeckel, ''Rechtsgeschichte der Wirtschaft'', 474 (2008); Margit Seckelmann, ''Industrialisierung, Internationalisierung und Patentrecht im Deutschen Reich, 1871-1848'', 300 (2006). See also * List of intellectual property law journals * ''GRUR International'' * ''Gewerblicher Rechtsschutz und Urheberrecht, Rechtsprechungs-Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bundespatentgericht
The Federal Patent Court (german: Bundespatentgericht, abbreviation: ''BPatG'') is a German federal court competent for particular legal matters, such as patent and trademark cases. It has its seat in Munich, Germany, and was established on July 1, 1961. Within Germany's dual system, in which patent infringement proceedings and nullity suits are dealt with before different courts, the Federal Patent Court is in charge of nullity suits, i.e. deciding upon challenges to the validity of German and European patents having effect in Germany. See also * '' Deutsches Patent- und Markenamt'' (DPMA) * Federal Patent Court (Switzerland) The Swiss Federal Patent Court (German: ''Bundespatentgericht'', French: ''Tribunal fédéral des brevets'') is a Swiss federal court competent for particular legal matters, such as patent cases. It has its seat in Sankt Gallen, Switzerland. ... * German patent law References External links * German patent law German intellectual pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
