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Doctrine Of Equivalence
The doctrine of equivalents is a legal rule in many (but not all) of the world's patent systems that allows a court to hold a party liable for patent infringement if the infringing device or process does not fall within the literal scope of a claim (patent), patent claim but is nevertheless equivalent to the claimed invention. In the United States, Judge Learned Hand has described its purpose as being "to temper unsparing logic and prevent an infringer from stealing the benefit of the invention." Standards for determining equivalents Germany German courts typically apply a three-step test known as Schneidmesser's questions: #Does the variant solve the problem underlying the invention with means that objectively have the same effect? #Would the person skilled in the art, using the common general knowledge, have realised at the Priority priority date that the variant has the same effect? #Are the considerations which the skilled person takes into account for the variant in the ligh ... [...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 sufficiency of disclosure, 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 la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Patent Court Of Switzerland
The Swiss Federal Patent Court is a Swiss federal court competent for particular legal matters, such as patent cases. It has its seat in Sankt Gallen, Switzerland. In Switzerland, the court has exclusive jurisdiction with regard to the Swiss/Liechtenstein unitary patents, whether these unitary patents are European patents or "national" patents, in questions of validity and infringement disputes, preliminary measures and enforcement of decisions made under its exclusive jurisdiction. Appeal is possible (with regard to legal issues) to the Federal Supreme Court. The court started its work in 2012, taking over jurisdiction from 26 individual cantonal courts and consists of panels of both legally and technically qualified judges. The Patent Court was established and is governed by the Patent Court Act (PatCA), adopted by the Federal Assembly in 2009. See also * Federal Patent Court of Germany * Swiss Federal Institute of Intellectual Property * Copyright law of Switze ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Means-plus-function Claims
This is a list of special types of claims that may be found in a patent or patent application. For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories". ''Beauregard'' In United States patent law, a ''Beauregard'' claim is a claim to a computer program written in the form of a claim to an article of manufacture: a computer-readable medium on which are encoded, typically, instructions for carrying out a process. This type of claim is named after the 1995 decision ''In re Beauregard''. The computer-readable medium that these claims contemplate is typically a floppy disk or CD-ROM, which is why this type of claim is sometimes called a "floppy disk" claim. In the past claims to pure instructions were generally considered not patentable be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland. Otherwise, the Court of Session is the Supreme court, supreme Civil law (common law), civil court of Scotland, and the High Court of Justiciary is the Supreme court, supreme Criminal justice, criminal court, and are collectively known as the Supreme Courts of Scotland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. Additionally the Supreme Court hears cases on Devolution in the United Kingdom, devolution matters from Scotland, Wales and Northern Ireland. As a consequence, the court must include judges from the three distinct legal systems of the United Kingdom – English law, England and Wales, Scots law, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Neuberger, Baron Neuberger Of Abbotsbury
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal and formerly served as the Chair of the High Level Panel of Legal Experts on Media Freedom. He was appointed to the Singapore International Commercial Court in 2018. Early life Neuberger was born on 10 January 1948, the son of Albert Neuberger, Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. He was born Jewish originating from Germany. His uncle was the noted rabbi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EPC 2000
The EPC 2000 or European Patent Convention 2000 is the version of the European Patent Convention (EPC) as revised by the Act Revising the Convention on the Grant of European Patents signed in Munich on November 29, 2000. On June 28, 2001, the Administrative Council of the European Patent Organisation adopted the final new text of the EPC 2000. The EPC 2000 entered into force on December 13, 2007.European Patent Office (EPO) web site''Frequently asked questions about the revised European Patent Convention (EPC 2000)'', item 2. Consulted on October 31, 2007. The EPC 2000 does not introduce any major changes in substantive patent law,EPO''EPC 2000 and its impact for patent searchers'' '' Patent Information News'', Issue 1, 2007, page 1. except changes concerning novelty, industrial applicability and priority rights. The EPC 2000 is however a comprehensive revision introducing "a considerable number of smaller amendments". Background A diplomatic conference was held from 20 Novemb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
