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Novelty Under The European Patent Convention
Under the European Patent Convention (EPC), European patents shall be granted for inventions which '' inter alia'' are new. The central legal provision explaining what this means, i.e. the central legal provision relating to the novelty under the EPC, is . Namely, "an invention can be patented only if it is new. An invention is considered to be new if it does not form part of the state of the art. The purpose of is to prevent the state of the art being patented again." Definition of the "state of the art" Since an invention is considered to be new if it does not form part of the state of the art, the legal concept of "state of the art" is critical for assessing whether an invention is new. State of the art under Article 54(2) EPC The state of the art is essentially defined in . Namely: The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the E ... [...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] |
Invention
An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word ''inventor'' comes from the Latin verb ''invenire'', ''invent-'', to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. Due to advances in artificial intelligence, the term "inventor" no longer exclusively applies to an occupation (see human computers). Some inventions can be patented. The system of patents was established ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Novelty (patent)
Novelty is a requirement for a patent claim to be patentable. An invention is not new and therefore not patentable if it was known to the public before the filing date of the patent application, or before its date of priority if the applicant claims priority of an earlier patent application. The purpose of the novelty requirement is to prevent prior art from being patented again.: "I. Patentability; C. Novelty; 1. General" ("An invention can be patented only if it is new. An invention is considered to be new if it does not form part of the state of the art. The purpose of Art. 54(1) EPC is to prevent the state of the art being patented again (T 12/81, OJ 1982, 296; T 198/84, OJ 1985, 209).") Definition Novelty is requirement for a patent claim to be patentable. In contrast, if an invention was known to the public before filing a patent application, or before its date of priority, if the priority of an earlier patent application is claimed, the invention is not considered new and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Of The Art
The state of the art (sometimes cutting edge or leading edge) refers to the highest level of general development, as of a device, technique, or scientific field achieved at a particular time. However, in some contexts it can also refer to a level of development reached at any particular time as a result of the common methodologies employed at the time. The term has been used since 1910, and has become both a common term in advertising and marketing, and a legally significant phrase with respect to both patent law and tort liability. In advertising, the phrase is often used to convey that a product is made with the best or latest available technology, but it has been noted that "the term 'state of the art' requires little proof on the part of advertisers", as it is considered mere puffery. The use of the term in patent law "does not connote even superiority, let alone the superlative quality the ad writers would have us ascribe to the term". Origin and history The origin of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common General Knowledge
This is a list of legal terms relating to patents. A patent is not a right to practice or use the invention, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or his successor in rights in exchange to a public disclosure of the invention. A Abandonment The reply of an applicant to an office action must be made within a prescribed time limit. If no reply is received within the time period, the application may be considered, depending on the jurisdiction, as abandoned or deemed to be withdrawn, and, therefore, no longer pending. Allowance A patent is "allowed" when the patent office examiners have determined that the patent application meets the necessary criteria of novelty, non-obviousness, feasibility, and usefulness. The applicants are notified of this certification, and that the patent office is ready to grant the patent once certain fees are paid and paperwork filed by the inventors or assignees. The term is used i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abuse
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies. Types and contexts of abuse Abuse of authority Abuse of authority includes harassment, interference, pressure, and inappropriate requests or favors. Abuse of corpse :''See: Necrophilia'' Necrophilia involves possessing a physical attraction to dead bodies that may led to acting upon sexual urges. As corpses are dead and cannot give consent, any manipulation, removal of parts, mutilation, or se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bureau International Des Expositions
The Bureau international des expositions (BIE; English: International Bureau of Expositions) is an intergovernmental organization created to supervise international exhibitions (also known as expos or world expos) falling under the jurisdiction of the ''Convention Relating to International Exhibitions''. Founding and purpose The BIE was established by the Convention Relating to International Exhibitions, signed in Paris on 22 November 1928, with the following goals: *to oversee the calendar, the bidding, the selection and the organization of World Expositions; and *to establish a regulatory framework under which Expo organizers and participants may work together under the best conditions. Today, 170 member countries have adhered to the BIE Convention. The BIE regulates two types of expositions: Registered Exhibitions (commonly called World Expos) and Recognized Exhibitions (commonly called Specialized Expositions). Horticultural Exhibitions with an A1 grade, regulated by the Int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Skilled Person
A person having ordinary skill in the art (abbreviated PHOSITA), a person of (ordinary) skill in the art (POSITA or PSITA), a person skilled in the art, a skilled addressee or simply a skilled person is a legal fiction found in many patent laws throughout the world. This hypothetical person is considered to have the normal skills and knowledge in a particular technical field (an "art"), without being a genius. The person mainly serves as a reference for determining, or at least evaluating, whether an invention is non-obvious or not (in U.S. patent law), or involves an inventive step or not (in European patent laws). If it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable. In some patent laws, the person skilled in the art is also used as a reference in the context of other criteria, for instance in order to determine whether an invention is sufficiently ... [...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] |
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] |
