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Unpatentable
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 exami ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inventive Step And Non-obviousness
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, " henonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art". The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law. The expression "inventiveness" is sometimes used as well. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom. Rationale The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product desi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nation State
A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group. A nation, in the sense of a common ethnicity, may include a diaspora or refugees who live outside the nation state; some nations of this sense do not have a state where that ethnicity predominates. In a more general sense, a nation state is simply a large, politically sovereign country or administrative territory. A nation state may be contrasted with: * A multinational state, where no one ethnic group dominates (such a state may also be considered a multicultural state depending on the degree of cultural assimilation of various groups). * A city-state, which is both smaller than a "nation" in the sense of "large sovereign country" and which may or may not be dominated by all or part of a single "nation" in the sense of a common ethnicity. * An empire, which is composed of many countries (po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Attorney
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner. The titles patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, while in others the latter is used only if the person is qualified as a lawyer. Qualification regimes In Europe, requirements for practising as patent attorney before national patent offices should be distinguished from those needed for practising before the European Patent Office (EPO) or the Eurasian Patent Office (EAPO). On the national level, the requirements are not harmonized, although across the 27 Member States of the Europ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inventor (patent)
In patent law, an inventor is the person, or persons in United States patent law, who contribute to the claim (patent), claims of a patentability, patentable invention. In some patent law frameworks, however, such as in the European Patent Convention (EPC) and its case law, no explicit, accurate definition of who exactly is an inventor is provided. The definition may slightly vary from one European country to another. Inventorship is generally not considered to be a patentability criterion under European patent law. Under U.S. case law, an inventor is the one with "intellectual domination" over the inventive process, and not merely one who assists in its reduction to practice. Since inventorship relates to the claims in a patent application, knowing who an inventor is under the patent law is sometimes difficult. In fact, inventorship can change during the Patent prosecution, prosecution of a patent application as claims are deleted or amended. "Joint inventors", or "co-inventors" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mathew Evans
Matthew Evans is one of two Canadians who developed and patented an incandescent light bulb, on July 24, 1874, five years before Thomas Alva Edison's U.S. patent on the device. Evans, from Toronto, Ontario, and his friend Henry Woodward, made the light bulb by sending electricity through a filament made of carbon. The two men had patented it but did not have enough money to develop their invention, so they sold their US patent 181,613 to Thomas Edison for US$5,000 ($US 100,000 in 2006 dollars). They also granted Edison an exclusive licence to their equivalent Canadian patent. External links The First Electric Light Bulb Canadian inventors People from Old Toronto Year of death missing Year of birth missing {{Canada-engineer-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Woodward (inventor)
Henry Woodward was a Canadian inventor and a major pioneer in the development of the incandescent lamp. He was born in 1832.Library and Archives CanadIncredible Inventions: Light Bulb www.collectionscanada.ca On July 24, 1874, Woodward and his partner, Mathew Evans, a hotel keeper, filed a Canadian patent application on an electric light bulb. It was granted on August 3, 1874, as Canadian patent number 3,738. Woodward was a medical student at the time. Their light bulb comprised a glass tube with a large piece of carbon connected to two wires. They filled the tube with inert nitrogen to get a longer burn life in the filament. Their light bulb was fully effective and sufficiently promising; they sold their to Thomas Edison and due to this Edison is now known for the invention of the light bulb. Thomas Edison obtained an exclusive license to the Canadian patent. Thomas Edison developed his own design of incandescent lamp with a high resistance thin filament of carbon in a high vacuu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Edison
Thomas Alva Edison (February 11, 1847October 18, 1931) was an American inventor and businessman. He developed many devices in fields such as electric power generation, mass communication, sound recording, and motion pictures. These inventions, which include the phonograph, the motion picture camera, and early versions of the electric light bulb, have had a widespread impact on the modern industrialized world. He was one of the first inventors to apply the principles of organized science and teamwork to the process of invention, working with many researchers and employees. He established the first industrial research laboratory. Edison was raised in the American Midwest. Early in his career he worked as a telegraph operator, which inspired some of his earliest inventions. In 1876, he established his first laboratory facility in Menlo Park, New Jersey, where many of his early inventions were developed. He later established a botanical laboratory in Fort Myers, Florida, in co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 consid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certificate Of Contested Validity
In United Kingdom patent law, a certificate of contested validity is an order usually made by the Patent Office, Patents Court (a division of the High Court) or Patents County Court after a patent infringement action in which the validity of the patent is unsuccessfully challenged. Section 65 of the UK Patents Act 1977 allows the Court to make such an order. If the patent is enforced again against another infringer, and the validity of the patent is unsuccessfully challenged again, the second infringer is penalised by way of an award of indemnity costs - i.e. legal costs above the usual scale and closer to the actual costs incurred by the patentee in defending the challenge. See also *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 r . ... [...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] |
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