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Priority Right
In patent law, industrial design law, and trademark law, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application. When filing the subsequent application, the applicant must claim the priority of the first application in order to make use of the right of priority. The right of priority belongs to the applicant or his ''successor in title''. The period of priority, i.e., the period during which the priority right exists, is usually 6 months for industrial designs and trademarks and 12 months for patents and utility models. The period of priority is often referred to as the priority year for patents and utility models. In patent law, when a priority is validly claimed, the date ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Law
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 mu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that govern international trade in cooperation with the United Nations System. The WTO is the world's largest international economic organization, with 166 members representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, trade in services, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, Import quota, quotas, and other Trade barrier, restrictions; these agreements are signed by representatives of member governments. (The document's printed folio numbers do not match the PDF page numbers.) and ratified by their legislatures. It also administers independent dispute resolution for enforcing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total population of over 84 million in an area of , making it the most populous member state of the European Union. It borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The Capital of Germany, nation's capital and List of cities in Germany by population, most populous city is Berlin and its main financial centre is Frankfurt; the largest urban area is the Ruhr. Settlement in the territory of modern Germany began in the Lower Paleolithic, with various tribes inhabiting it from the Neolithic onward, chiefly the Celts. Various Germanic peoples, Germanic tribes have inhabited the northern parts of modern Germany since classical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocean, with the China, People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. It has an area of , with mountain ranges dominating the eastern two-thirds and plains in the western third, where its Urbanization by country, highly urbanized population is concentrated. The combined Free area of the Republic of China, territories under ROC control consist of list of islands of Taiwan, 168 islands in total covering . The Taipei–Keelung metropolitan area, largest metropolitan area is formed by Taipei (the capital), New Taipei City, and Keelung. With around 23.9 million inhabitants, Taiwan is among the List of countries and dependencies by population density, most densely populated countries. Tai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provisional Application
A provisional application is a patent application filed at the intellectual property offices of some countries. It does not mature into an issued patent and is deemed abandoned one year after its filing. It is used to secure a filing date for a subsequent non-provisional patent application claiming priority of the provisional application. There is no such thing as a "provisional patent".David Pressman, ''Patent It Yourself'', Nolo Press, 2006, page 56, . The same term is used in past and current patent laws of different countries with different meanings. History The provisional application was introduced to U.S. patent law with a 1994 amendment of the Patent Act of 1952. A 12-month benefit of priority to foreign-filed applications had been a part of U.S. patent law since the 1901 U.S. ratification of the Brussels revision of the Paris Convention for the Protection of Industrial Property. Characteristics Under U.S. law, a provisional application, as such, is never exami ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manual Of Patent Office Practice
The ''Manual of Patent Office Practice'' (MOPOP) is a manual for patent agents and patent examiners, published by the Canadian Intellectual Property Office (CIPO). It documents the procedures and practices relative to the prosecution of patent applications under Canadian patent law for patent examiners, applicants, agents, and the public at large. The MOPOP occupies a position in Canadian patent law comparable to that occupied by the Manual of Patent Examining Procedure (MPEP) in United States patent law. See also * Patent Act (Canada) * ''Manual of Patent Examining Procedure'' (MPEP) (United States patent law) * Guidelines for Examination in the European Patent Office The Guidelines for Examination in the European Patent Office (or, for short, the EPO Guidelines) are general instructions, for the examiners working at the European Patent Office (EPO) as well as for the parties interacting with the EPO, on the prac ... External links Manual of Patent Office Practice (MOPOP ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common General Knowledge
This is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention. A Abandonment Abandonment refers to the cessation of a patent application’s progress due to the applicant’s failure to make a bona fide attempt to advance the patent application to a final conclusion. Abandonment in patent prosecution can occur either voluntarily or involuntarily: * Voluntary abandonment (also called “express abandonment” or “formal abandonment”) occurs when the applicant explicitly communicates their intent to withdraw the application from consideration. * Involuntary abandonment happens when the applicant fails to meet specific requirements, such as failing to respond to an office action or failing to paying required fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Epi Information
The Institute of Professional Representatives before the European Patent Office, also known as European Patent Institute (epi), is a professional association of European patent attorneys and an international non-governmental public law corporation. It was founded on 21 October 1977 by the Administrative Council of the European Patent Organisation by adopting the Regulation on the establishment of an institute of professional representatives before the European Patent Office. All European patent attorneys, i.e. all persons entitled to act as professional representatives before the EPO (by virtue of either the European qualifying examination or the provisions of ), are members of the institute. As of 2023, the institute has about 13,800 members across 39 member states. The European Patent Institute publishes a quarterly journal, the ''epi Information'' (). See also * Intellectual property organization Intellectual property organizations are organizations that are focused on cop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
G 2/98
G 2/98 is an opinion of the Enlarged Board of Appeal of the European Patent Office (EPO) issued on May 31, 2001, after a point of law was referred to it by the President of the EPO (pursuant to ). The case pertains to the interpretation of the legal concept of "the same invention" in (i.e., a priority right claimed in a European patent application can only be enjoyed for "the same invention"). The Enlarged Board of Appeal in G 2/98 provided clarity to that concept. Namely, the Board held that In other words, the Board has ruled that a strict interpretation of ‘the same invention’ is appropriate. See also * Amendments under the European Patent Convention Article 123 of the European Patent Convention (EPC) relates to the amendments under the EPC, i.e. the amendments to a European patent application or patent, and notably the conditions under which they are allowable. In particular, prohibits addi ... References External links Decision G 2/98 {{DEFAULTSORT:G 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
G 3/93
G, or g, is the seventh letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages, and others worldwide. Its name in English is ''gee'' (pronounced ), plural ''gees''. The lowercase version can be written in two forms: the single-storey (sometimes "opentail") and the double-storey (sometimes "looptail") . The former is commonly used in handwriting and fonts based on it, especially fonts intended to be read by children. History The evolution of the Latin alphabet's G can be traced back to the Latin alphabet's predecessor, the Greek alphabet. The voiced velar stop was represented by the third letter of the Greek alphabet, gamma (Γ), which was later adopted by the Etruscan language. Latin then borrowed this "rounded form" of gamma, C, to represent the same sound in words such as ''recei'', which was likely an early dative form of '' rex'', meaning "king", as found in an "early Latin inscription." Over time, howe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal Procedure Before The European Patent Office
The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO). For instance, a decision of an Examining Division refusing to grant a European patent application may be appealed by the applicant. The appeal procedure before the European Patent Office is under the responsibility of its Boards of Appeal, which are institutionally independent within the EPO. Overview Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. These boards act as the final instances in the granting and opposition procedures before the EPO. The Boards of Appeal have been recognised as courts, o ... [...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] |
