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United Kingdom Patent Law
In the United Kingdom, a patent provides its proprietor with the right to exclude others from utilizing the invention claimed in that patent. Should a person utilize that invention, without the permission of the patent proprietor, they may infringe that patent. Legislation Infringement under United Kingdom patent law is defined by Section 60 of the Patents Act 1977 (as amended), which sets out the different types of infringement. Infringement * Where the invention is a product, by the making, disposing of, offering to dispose of, using, importing or keeping a patented product. * Where the invention is a process, by the use, or offer for use where it is known that the use of the process would be an infringement. Also, by the disposal of, offer to dispose of, use or import of a product obtained directly by means of that process, or the keeping of any such product whether for disposal or otherwise. * By the supply, or offer to supply, in the United Kingdom, a person not entitle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrow Declaration
In UK patent litigation, an Arrow declaration is a declaration or order sought, for reasons of legal certainty, from a court that a product (or process) to be launched was old (i.e., not novel) or obvious in patent law terms at a particular date, so that the product (or process) cannot be affected by (i.e., cannot infringe) any later granted patent, which would itself necessarily also either lack novelty or inventive step. The order is named after ''Arrow Generics Ltd. v Merck & Co Inc 007EWHC 1900 (Pat)'', in which it was originally suggested that this mechanism would be available as a declaratory relief. Such a declaration was granted for the first time in ''Fujifilm Kyowa Kirin Biologics Company Ltd v Abbvie Biotechnology Ltd 017EWHC 395 (Pat), Patents Court, England, 3 March 2017''. The defense is similar to a so-called "Gillette defense", i.e. "the argument in infringement proceedings (...) that the defendant's product implements prior art technology, such that any patent wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Infringement
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Software Hoarding
Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, and the ability to modify, copy, share, and redistribute the work, with or without a fee. Licenses which implement copyleft can be used to maintain copyright conditions for works ranging from computer software, to documents, art, scientific discoveries and even certain patents. Copyleft software licenses are considered ''protective'' or ''reciprocal'' in contrast with permissive free software licenses, and require that information necessary for reproducing and modifying the work must be made available to recipients of the software program, which are often distributed as binary executables. This information is most commonly in the form of source code files, which usually contain a copy of the license terms and acknowledge the authors o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Troll
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, and the like). Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities which do not practice their asserted patent may not be considered "patent trolls" when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a "patent troll" depending on the position they are taking and the perception of that position by th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Retaliation
Opposition to software patents is widespread in the free software community. In response, various mechanisms have been tried to defuse the perceived problem. Positions from the community Community leaders such as Richard Stallman, Alan Cox, Bruce Perens, and Linus Torvalds and companies such as Red Hat, and MySQL, and community groups such as FSFE, IFSO, all believe that patents cause problems for free software. Patent licensing Leading open-source figures and companies have complained that software patents are overly broad and the USPTO should reject most of them. Bill Gates has said "If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today". Problems for free software Free software projects cannot agree to patent licences that include any kind of per-copy fee. No matter how low the fee is, there is no way for a free software distributor to know how man ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-binding Opinion (United Kingdom Patent Law)
In United Kingdom patent law, a non-binding opinion is a statutory right under sections 74A and 74B of the Patents Act 1977, which allows for any member of the public to make an enquiry into the validity or infringement of a patent and provide for review of such opinions. Since 2005, a new system has allowed the process to be reworked using new and updated forms under the Patents (Amendments) Rules 2005 (SI 2005/2496). Background The United Kingdom Intellectual Property Office (UK IPO) operates a scheme where anyone can obtain an impartial examination of a patent from a senior examiner. The process involves an examination of the patent, as well as whether a particular product or process infringes on a patent. The report is considered a non binding opinion, however, as it only provides guidance, and is used to avoid the litigation process and provides information to parties who are considering entering into patent litigation. Application process In order to apply for a non bindi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inequitable Conduct
In United States patent law, inequitable conduct is a breach of the applicant's duty of candor and good faith during patent prosecution or similar proceedings by misrepresenting or omitting materiality (law), material information with the specific intention, intent to deception, deceive the United States Patent and Trademark Office. A claim of inequitable conduct is a defense to allegations of patent infringement. Even in an instance when a valid patent suffers infringement, a court ruling on an allegation of infringement may exercise its power of Equity (law), equitable discretion not to enforce the patent if the patentee (the patent owner) has engaged in inequitable conduct. Duty of candor The U.S. Patent and Trademark Office's Rule 56 explains that patents are "affected with a public interest. The public interest is best served, and the most effective patent examination occurs when, at the time an application is being examined, the Office is aware of and evaluates the teachings o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Espionage
Industrial espionage, economic espionage, corporate spying, or corporate espionage is a form of espionage conducted for commercial purposes instead of purely national security. While political espionage is conducted or orchestrated by governments and is international in scope, industrial or corporate espionage is more often national and occurs between companies or corporations. Forms of economic and industrial espionage Economic or industrial espionage takes place in two main forms. In short, the purpose of espionage is to gather knowledge about one or more organizations. It may include the acquisition of intellectual property, such as information on industrial manufacture, ideas, techniques and processes, recipes and formulas. Or it could include sequestration of proprietary or operational information, such as that on customer datasets, pricing, sales, marketing, research and development, policies, prospective bids, planning or marketing strategies or the changing compositions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cease And Desist
A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party, i.e. the letter's recipient, may be sued. When issued by a public authority, a cease and desist letter, being "a warning of impending judicial enforcement", is most appropriately called a "cease and desist order". Usage for intellectual property Although cease and desist letters are not exclusively used in the area of intellectual property, particularly in regards to copyright infringement, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape". The holder of an intellectual property right such as a copyrighted work, a trademark, or a pat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anton Piller Order
In English and English-derived legal systems, an Anton Piller order (frequently misspelled ''Anton Pillar order'') is a court order that provides the right to search premises and seize evidence without prior warning. This is intended to prevent the destruction of relevant evidence, particularly in cases of alleged trademark, copyright or patent infringements. Overview The order is named after the 1975 English case of ''Anton Piller KG v Manufacturing Processes Limited'', dealing with the theft of trade secrets, although the first reported such order was granted by Templeman J earlier that year. They are now formally known as search orders in England and Wales, New Zealand, Australia, and India. In ''Anton Piller'', Lord Denning described the nature of the relief: Because such an order does not give the accused party the ability to defend themselves, Anton Piller orders are only issued exceptionally and according to the three-step test set out by Ormrod LJ in ''Anton Piller'': ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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