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On-sale Bar
In United States patent law, the on-sale bar is a limitation on patentability codified at . It provides that an invention cannot be patented if it has been for sale for over one year prior to the patent filing. 35 U.S.C. 102(a)(1) (a) Novelty; Prior Art.— A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention... MPEP 2133.03(b) "On Sale" [R-2] - 2100 Patentability An impermissible sale has occurred if there was a definite sale, or offer to sell, more than 1 year before the effective filing date of the U.S. application and the subject matter of the sale, or offer to sell, fully anticipated the claimed invention or would have rendered the claimed invention obvious by its addition to the prior art. ''Ferag AG v. Quipp'', Inc., 45 F.3d 1562, 1565, 33 USPQ2d 1512, 1514 (Fed. Cir. 1995). The on ... [...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] |
Patentability
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met for a patent to be held valid. Requirements The patent laws usually require that, for an invention to be patentable, it must be: * Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection * Novel (i.e. at least some aspect of it must be new) * Non-obvious (in United States patent law) or involve an inventive step (in European patent law) * Useful (in U.S. patent law) or be susceptible of industrial application (in European patent law) Usually the term "''patentability''" only refers to "substantive" conditions, and does not refer to formal conditions such as the " sufficiency of disclosure", the "unity of invention" or the " best mode requirement". Judging patentability is one aspect of the official ... [...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] |
Pfaff V
PFAFF (german: PFAFF Industriesysteme und Maschinen AG, PFAFF Industrial) is a German manufacturer of sewing machines and is now owned by the SGSB Co. Ltd. History PFAFF was founded in Kaiserslautern, Germany, in 1862 by instrument maker Georg Michael Pfaff (1823–1893). Pfaff's first machine was handmade, and designed to sew leather in the manufacture of shoes. In 1885, Georg Michael Pfaff opened a sewing machine shop in London. The PFAFF factory was expanded and modernized. Georg Pfaff, the second son of the founder, took over the management of the company after his father's death in 1893 and expanded it further with great success. The founder's firstborn son, Jacob Pfaff, died in 1889. His daughter, Lina Pfaff, took over the company in 1917 when her brother Georg died and ran it successfully on a global scale until 1926. Her nephew, Karl Pfaff, took over the company when she retired at the age of seventy-two. It made its one-millionth machine in 1910. Pfaff was bought ... [...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] |
Micrel
Microchip Technology Inc. is a publicly-listed American corporation that manufactures microcontroller, mixed-signal, analog and Flash-IP integrated circuits. Its products include microcontrollers ( PIC, dsPIC, AVR and SAM), Serial EEPROM devices, Serial SRAM devices, embedded security devices, radio frequency (RF) devices, thermal, power and battery management analog devices, as well as linear, interface and wireless products. Its corporate headquarters is located in Chandler, Arizona. Its wafer fabs are located in Tempe, Arizona, Gresham, Oregon, and Colorado Springs, Colorado. Its assembly/test facilities are in Chachoengsao, Thailand, and Calamba and Cabuyao, Philippines. Sales for the fiscal year ending on March 31, 2019 were $5.35 billion. Microchip Technology offers support and re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patents Quarterly
The ''United States Patents Quarterly'' (U.S.P.Q.) is a United States legal reporter published by the Bloomberg Industry Group in Washington, D.C. The U.S.P.Q. covers intellectual property cases including patents, copyrights, trademarks, and trade secrets, from 1913 to the present. The publisher stopped the sequence of volume numbers and restarted with a second series, cited as U.S.P.Q. 2d (BNA), in 1987. The U.S.P.Q. reports case law from the United States Supreme Court and most federal appeals courts, including the Court of Appeals for the Federal Circuit, United States Court of Federal Claims, and United States Court of Customs and Patent Appeals. It also includes cases from United States District Courts, and certain decisions from administrative tribunals, such as the Trademark Trial and Appeal Board, the Board of Patent Appeals and Interferences, the United States International Trade Commission and the Commissioner of Patents and Trademarks, and opinions from state courts. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Commercial Code
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of Uniform Acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through UCC adoption by all 50 states, the District of Columbia, and the Territories of the United States. While largely successful at achieving this ambitious goal, some U.S. jurisdictions (e.g., Louisiana and Puerto Rico) have not adopted all of the articles contained in the UCC, while other U.S. jurisdictions (e.g., American Samoa) have not adopted any articles in the UCC. Also, adoption of the UCC often varies from one U.S. jurisdiction to another. Sometimes this variation is due to alternative language found in the official UCC itself. At other times, adoption of revisions to the official UCC contributes to further variation. Additionally, some jurisdictions deviate from the official UCC by tailoring the language to meet their unique needs and ... [...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] |
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] |
Post-sale Restraint
A post-sale restraint, also termed a post-sale restriction, as those terms are used in United States patent law and antitrust law, is a limitation that operates after a sale of goods to a purchaser has occurred and purports to restrain, restrict, or limit the scope of the buyer's freedom to utilize, resell, or otherwise dispose of or take action regarding the sold goods. Such restraints have also been termed " equitable servitudes on chattels". Support for the rule against enforcement of post-sale restraints has at times been rested on the common law's hostility to restraints on the alienation of chattels. "The right of alienation is one of the essential incidents of a right of general property in movables, and restraints upon alienation have been generally regarded as obnoxious to public policy, which is best subserved by great freedom of traffic in such things as pass from hand to hand. General restraint in the alienation of articles, things, chattels, except when a very special ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
