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Transitional Phrase
A transitional phrase, in United States patent law, is a phrase that links the preamble of a patent claim to the specific elements set forth in the claim which define what the invention itself actually is. The transitional phrase acts as a limitation on the claim, indicating whether a similar device, method, or composition infringes the patent if it contains more or fewer elements than the claim in the patent. There are three kinds of transitional phrases: open, closed, and hybrid. Closed transition A closed transition usually uses the words "consisting of.” Use of this phrase limits the preamble to exactly what follows and nothing more. An example would be a patent claim for a pencil, which might say in the preamble "a writing device", followed by the closed transition "consisting of", and concluding with a description such as "a cylindrical piece of lead, graphite, or another material similarly capable of leaving a mark when drawn against a surface, and a second surrounding ma ...
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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 pate ...
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Patent Claim
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 analyz ...
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Patent Infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be ''commercial'' (or to have a ''commercial'' purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other co ...
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Pencil
A pencil () is a writing or drawing implement with a solid pigment core in a protective casing that reduces the risk of core breakage, and keeps it from marking the user's hand. Pencils create marks by physical abrasion, leaving a trail of solid core material that adheres to a sheet of paper or other surface. They are distinct from pens, which dispense liquid or gel ink onto the marked surface. Most pencil cores are made of graphite powder mixed with a clay binder. Graphite pencils (traditionally known as "lead pencils") produce grey or black marks that are easily erased, but otherwise resistant to moisture, most chemicals, ultraviolet radiation and natural aging. Other types of pencil cores, such as those of charcoal, are mainly used for drawing and sketching. Coloured pencils are sometimes used by teachers or editors to correct submitted texts, but are typically regarded as art supplies, especially those with cores made from wax-based binders that tend to smear w ...
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Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called “substantive examination” of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be cons ...
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Point Of Novelty
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 ...
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Randall R
Randall may refer to the following: Places United States *Randall, California, former name of White Hall, California, an unincorporated community * Randall, Indiana, a former town *Randall, Iowa, a city *Randall, Kansas, a city *Randall, Minnesota, a city * Randall, West Virginia, an unincorporated community *Randall, Wisconsin, a town *Randall, Burnett County, Wisconsin, an unincorporated community *Randall County, Texas * Randall Creek, in Nebraska and South Dakota * Randall's Island, part of New York City *Camp Randall, Madison, Wisconsin, a former army camp, on the National Register of Historic Places *Fort Randall, South Dakota, a former military base, on the National Register of Historic Places Elsewhere *Mount Randall, Victoria Land, Antarctica * Randall Rocks, Graham Land, Antarctica *Randall, a community in the town of New Tecumseth, Ontario, Canada Businesses *Randall Amplifiers, a manufacturer of guitar amplifiers *Randall House Publications, American publisher *Randal ...
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John R
John R. (born John Richbourg, August 20, 1910 - February 15, 1986) was an American radio disc jockey who attained fame in the 1950s and 1960s for playing rhythm and blues music on Nashville radio station WLAC. He was also a notable record producer and artist manager. Richbourg was arguably the most popular and charismatic of the four announcers at WLAC who showcased popular African-American music in nightly programs from the late 1940s to the early 1970s. (The other three were Gene Nobles, Herman Grizzard, and Bill "Hoss" Allen.) Later rock music disc jockeys, such as Alan Freed and Wolfman Jack, mimicked Richbourg's practice of using speech that simulated African-American street language of the mid-twentieth century. Richbourg's highly stylized approach to on-air presentation of both music and advertising earned him popularity, but it also created identity confusion. Because Richbourg and fellow disc jockey Allen used African-American speech patterns, many listeners thoug ...
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Martin J
Martin may refer to: Places * Martin City (other) * Martin County (other) * Martin Township (other) Antarctica * Martin Peninsula, Marie Byrd Land * Port Martin, Adelie Land * Point Martin, South Orkney Islands Australia * Martin, Western Australia * Martin Place, Sydney Caribbean * Martin, Saint-Jean-du-Sud, Haiti, a village in the Sud Department of Haiti Europe * Martin, Croatia, a village in Slavonia, Croatia * Martin, Slovakia, a city * Martín del Río, Aragón, Spain * Martin (Val Poschiavo), Switzerland England * Martin, Hampshire * Martin, Kent * Martin, East Lindsey, Lincolnshire, hamlet and former parish in East Lindsey district * Martin, North Kesteven, village and parish in Lincolnshire in North Kesteven district * Martin Hussingtree, Worcestershire * Martin Mere, a lake in Lancashire ** WWT Martin Mere, a wetland nature reserve that includes the lake and surrounding areas * Martin Mill, Kent North America Canada * Rural Mu ...
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Harold C
Harold may refer to: People * Harold (given name), including a list of persons and fictional characters with the name * Harold (surname), surname in the English language * András Arató, known in meme culture as "Hide the Pain Harold" Arts and entertainment * ''Harold'' (film), a 2008 comedy film * ''Harold'', an 1876 poem by Alfred, Lord Tennyson * ''Harold, the Last of the Saxons'', an 1848 book by Edward Bulwer-Lytton, 1st Baron Lytton * ''Harold or the Norman Conquest'', an opera by Frederic Cowen * ''Harold'', an 1885 opera by Eduard Nápravník * Harold, a character from the cartoon ''The Grim Adventures of Billy & Mandy'' * Harold & Kumar, a US movie; Harold/Harry is the main actor in the show. Places ;In the United States * Alpine, Los Angeles County, California, an erstwhile settlement that was also known as Harold * Harold, Florida, an unincorporated community * Harold, Kentucky, an unincorporated community * Harold, Missouri, an unincorporated community ...
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