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Opposition Proceeding
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark. Patents European Patent Office In the context of the proceedings at the European Patent Office (EPO), third parties may challenge the validity of a granted European patent by filing a post-grant opposition under the European Patent Convention (EPC). The term for filing an opposition with the EPO is nine months from the publication of the mention of the grant of the European patent in the European Patent Bulletin. France Opposition proceedings may be filed against French patents granted since April 1, 2020. The term for filing an opposition with the National Institute of Industrial Property (INPI) is nine months from the grant of the French patent. An opposition may be filed ...
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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 ...
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Inter Partes Review
An inter partes review (IPR) is a procedure for challenging the validity of a United States patent before the United States Patent and Trademark Office. History The inter partes review procedure was enacted on September 16, 2012 as part of the America Invents Act. It replaced a previous review procedure called ''inter partes'' reexamination, which in turn stemmed from ''ex parte'' reexamination proceedings. Under the ex parte system, any person at any time could challenge the validity of a patent on the basis that its claims were already obvious or unoriginal based on prior art. Under post-2012 inter partes review, petitioners must demonstrate a "reasonable likelihood that" the party challenging the patent at issue "would prevail" in the dispute, rather than requiring that it demonstrate a "substantial new question of patentability." Process An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised u ...
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Doctors Without Borders
Doctor or The Doctor may refer to: Personal titles * Doctor (title), the holder of an accredited academic degree * A medical practitioner, including: ** Physician ** Surgeon ** Dentist ** Veterinary physician ** Optometrist *Other roles ** Doctor of the Church, a title given to those with great contribution to Christian theology or doctrine ** Doctor of Philosophy ** Doctor of Pharmacy ** Doctor of Nursing Practice People * The Doctor (nickname), people with nickname or stage name of "Doctor" or "The Doctor" * Sean Doctor (born 1966), American football player * Doctor Willard Bliss (1825–1889), American physician * Doctor Greenwood (1860–1951), English footballer * List of physicians Arts, entertainment, and media Characters * Doctor, a character in 1998 American comedy movie ''My Giant'' * Doctor (''Black Cat'') * Doctor (''Hellsing'') * The Doctor (''Cave Story''), also known as Fuyuhiko Date * The Doctor (''Doctor Who'') * The Doctor (''Star Trek: Voyager'' ...
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Public Participation In Patent Examination
The involvement of the public in patent examination is used in some forms to help identifying relevant prior art and, more generally, to help assessing whether patent applications and inventions meet the requirements of patent law, such as novelty, inventive step or non-obviousness, and sufficiency of disclosure. Rationale The rationale for public participation in patent-application reviews is that knowledgeable persons in fields that are relevant to a particular patent application will provide useful information to patent examiners if the proper forum is provided. One model for such a forum is a wiki model where the public may submit the prior art and commentary that are relevant to a given patent application, and patent examiners can consult that forum. The intended effect is that patent examination will be more efficient and thorough so that the patents that are issued will be of a higher quality than is currently possible. History In the 17th and 18th centuries, patent exami ...
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Patent Watch
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 c ...
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Federal Court (Canada)
The Federal Court (french: Cour fédérale) is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction. History The Court was created on July 2, 2003 by the Courts Administration Service Act' when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the ''Federal Court Act'', subsequently renamed the ''Federal Courts Act''. The Court's authority comes from the ''Federal Courts Act''. On October 24, 2008, the Federal Court was given its own armorial bearings by the Governor General, the third court in Canada to be given its own Coat of Arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice. The coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of justic ...
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Trademarks Opposition Board
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Trademarks Journal
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Canadian Intellectual Property Office
The Canadian Intellectual Property Office (CIPO; French: ''Office de la propriété intellectuelle du Canada, OPIC'') is responsible for the administration and processing of the greater part of intellectual property (IP) in Canada. CIPO's areas of activity include patents, trademarks, copyright, industrial designs and integrated circuit topographies. Structurally, CIPO functions as a special operating agency (SOA) under Innovation, Science and Economic Development Canada. CIPO is based in Gatineau, Quebec, part of the National Capital Region. CIPO’s current interim Chief Executive Officer is Konstantinos Georgaras. CIPO plays an integral role in the Canadian innovation ecosystem and cooperates with its counterpart organizations around the world through international IP treaties. Continued collaboration with international partners and domestic stakeholders strengths the Canadian IP regime and provides CIPO’s clients with opportunities to extract greater value from their ...
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Andrews Kurth
Andrews Kurth Kenyon LLP was a Houston, Texas based international law firm founded by Frank Andrews and U.S. Congressman Thomas Henry Ball in 1902, and later joined by Melvin Kurth in 1913. In April 2018, the firm merged with Hunton & Williams LLP to form Hunton Andrews Kurth LLP. Prior to the merger, Andrews Kurth had over 400 attorneys in its offices in major energy, financial, and political centers worldwide, including London, Beijing, Dubai, Austin, Dallas, New York City, Research Triangle Park, NC, Silicon Valley, Washington, D.C., and Houston. At the time, the firm was led by Bob Jewell as Managing Partner and Thomas Perich as Chairman. On February 21, 2018, it was announced that partners at Andrews Kurth Kenyon and Hunton & Williams had agreed to merge their firms and operate as Hunton Andrews Kurth, a 1,000-lawyer firm with offices in 15 US cities and another five located outside the United States. History Andrews Kurth played a pivotal role in representing Texas r ...
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Leahy–Smith America Invents Act
The Leahy–Smith America Invents Act (AIA) is a United States federal statute that was passed by Congress and was signed into law by President Barack Obama on September 16, 2011. The law represents the most significant legislative change to the U.S. patent system since the Patent Act of 1952 and closely resembles previously proposed legislation in the Senate in its previous session ( Patent Reform Act of 2009). Named for its lead sponsors, Sen. Patrick Leahy ( D- VT) and Rep. Lamar Smith ( R- TX), the Act switches the U.S. patent system from a "first to invent" to a "first inventor to file" system, eliminates interference proceedings, and develops post-grant opposition. Its central provisions went into effect on September 16, 2012 and on March 16, 2013. Provisions First to file and grace period The law switched the U.S. rights to a patent from the previous "first-to-invent" system to a " first inventor-to-file" system for patent applications filed on or after March 16, 2013 ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based proce ...
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