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Doctrine Of Repair And Reconstruction
The doctrine of repair and reconstruction in United States patent law distinguishes between permissible repair of a patented article, which the right of an owner of property to preserve its utility and operability guarantees, and impermissible reconstruction of a patented article, which is patent infringement. The doctrine is explained in '' Aro Mfg. Co. v. Convertible Top Replacement Co.'' The ''Aro'' case states the rule in these terms: The decisions of this Court require the conclusion that reconstruction of a patented entity, unpatented elements, is limited to such a true reconstruction of the entity as to "in fact make a new article," after the entity, viewed as a whole, has become spent. In order to call the monopoly, conferred by the patent grant, into play for a second time, it must, indeed, be a second creation of the patented entity. …Mere replacement of individual unpatented parts, one at a time, whether of the same part repeatedly or different parts successively, is n ...
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United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting from a patented technology without the consent of the patent holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. History 1623. England adopts Statute of Monopolies, which has been acknowledged as a legal predecessor of the US patent law. 1789. U.S. Constitution in Article I, Section 8, Clause 8 authorizes Congress "to promote the Progress of . . . useful Arts, by securing for limited Times to . . . Inventors the exclusive Right to their . . . Discoveries." It is believed that, unlike most parts of the U ...
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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 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 ...
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Aro Mfg
Aro or ARO may refer to: People * Aro (surname) * Aro people, an Igbo subgroup in West Africa * Aro (murderer) (died 1957), last person executed in Papua New Guinea * Aro (Twilight), a character in the ''Twilight'' saga by Stephenie Meyer * Aro, a deity in Igbo mythology * ARO, stage name for actress/musician Aimee Osbourne Places * Årø (Denmark), a small island in the Lillebælt in Denmark * Årø, Norway, a neighborhood of Molde * Aro, Papua New Guinea, a village in Morobe Province * Aro River, a tributary of the Orinoco River in Venezuela Other * ARO (company) (Auto Romania), defunct off-road vehicle manufacturer * ARO (building), one of the tallest buildings in New York City * Aro Confederacy, a precolonial Igbo trading oligarchy in West Africa * Aro gTér, a lineage within Tibetan Buddhism * Abbreviation of aromantic, a lack of romantic orientation * Algonquin Radio Observatory, a radio telescope research facility in Ontario, Canada * Arctic Research Office, a ...
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Doctrine Of Non-derogation From Grants
The doctrine of non-derogation from grants is a principle of the law of England and Wales. As the House of Lords explained in '' British Leyland Motor Corp v Armstrong Patents Co'', it states that a seller of realty or goods is not permitted to take any action (such as bringing an infringement action) that will lessen the value to the buyer of the thing sold. United States federal law recognises similar doctrines such as the exhaustion doctrine or doctrine of implied license. A similar effect has also been realised in United States patent law Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limit ... under the doctrine of repair and reconstruction.See '' Aro Mfg. Co. v. Convertible Top Replacement Co.'', 365 U.S. 336 (1961). An important difference between the doctrine of non-derogation fr ...
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British Leyland Motor Corp
British Leyland was a British automotive engineering and manufacturing conglomerate formed in 1968 as British Leyland Motor Corporation Ltd (BLMC), following the merger of Leyland Motors and British Motor Holdings. It was partly nationalised in 1975, when the British government created a holding company called British Leyland, later renamed BL in 1978. It incorporated much of the British-owned motor vehicle industry, which in 1968 had a 40% share of the UK car market, with its history going back to 1895. Despite containing profitable marques such as Jaguar, Rover, and Land Rover, as well as the best-selling Mini, BLMC had a troubled history, leading to its eventual collapse in 1975 and subsequent part-nationalisation. After much restructuring and divestment of subsidiary companies, BL was renamed the Rover Group in 1986, becoming a subsidiary of British Aerospace from 1988 to 1994, then was subsequently bought by BMW. The final surviving incarnation of the company as the MG ...
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Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the '' de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * '' Cogitationis poenam nemo patitur'' * ''Ex aequo et bono ''Ex aequo et bono'' (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art. In the context of arbitration, it refers to the power of arbitrators to dispense with appli ...'' Reference ...
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