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Doctrine Of Equivalents
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 even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention. U.S. 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. These questions are: #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 date that the variant has the same effect? #Are the considerations which the skilled person takes into account for the variant in the light of t ... [...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 law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germany
Germany, officially the Federal Republic of Germany (FRG),, is a country in Central Europe. It is the most populous member state of the European Union. Germany lies between the Baltic and North Sea to the north and the Alps to the south. Its 16 constituent states have a total population of over 84 million in an area of . It borders Denmark to the north, Poland and Czechia to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The nation's capital and most populous city is Berlin and its main financial centre is Frankfurt; the largest urban area is the Ruhr. Settlement in what is now Germany began in the Lower Paleolithic, with various tribes inhabiting it from the Neolithic onward, chiefly the Celts. Various Germanic tribes have inhabited the northern parts of modern Germany since classical antiquity. A region named Germania was documented before AD 100. In 962, the Kingdom of Germany formed the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Graver Tank & Manufacturing Co
Graver may refer to: * Burin (engraving) A burin ( ) is a steel cutting tool used in engraving, from the French ''burin'' (cold chisel). Its older English name and synonym is graver. Etymology The term ''burin'' refers to a tool used by engravers that has a thin, pointed blade and i ... (French ''burin'', "cold chisel"), a tool used in the art of engravery * Graver (surname), an older English name, still common * Graver basis * a neologism derived from "goth" and "raver", primarily used as an alternative term for Cybergoth {{Disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five major unincorporated territories, nine United States Minor Outlying Islands, Minor Outlying Islands, and 326 Indian reservations. The United States is also in Compact of Free Association, free association with three Oceania, Pacific Island Sovereign state, sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Palau, Republic of Palau. It is the world's List of countries and dependencies by area, third-largest country by both land and total area. It shares land borders Canada–United States border, with Canada to its north and Mexico–United States border, with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the List of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. 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. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an e ... [...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 the Chair of the High-Level Panel of Legal Experts on Media Freedom. 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. His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birmin ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kirin-Amgen Inc V Hoechst Marion Roussel Ltd
''Kirin-Amgen, Inc. v Hoechst Marion Roussel Ltd.'' is a decision by the House of Lords of England and Wales. The judgment was issued on 21 October 2004 and relates to the scope to be accorded to patent claims, including the doctrine of equivalents. The case and subsequent judgment affirmed principles from a prior case, '' Catnic Components Ltd. v. Hill & Smith Ltd.'' The issue was whether the claims of a European patent granted to Kirin-Amgen, Inc. were infringed by Transkaryotic Therapies Inc. and Hoechst Marion Roussel Ltd in a situation where there was a remarkable similarity between the technologies employed by the two parties for producing the hormone erythropoietin. Infringement was not found due to the language used in the claims of the Amgen patent. The reasoning in the judgment has presently formed a basis for the current practice of the UK Intellectual Property Office, and other countries that take great consideration of the legal implications of British case law when ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Improver Corp V Remington Consumer Product Ltd
''Improver Corporation v Remington Consumer Product Limited 990F.S.R. 181'' is a leading United Kingdom case on patent infringement, particularly in relation to how to establish what specifically a patent covers. The Catnic Decision The earlier case of '' Catnic Components Ltd. v Hill & Smith Ltd.'', Lord Diplock had established the principle that patents were to be read in a "purposive" manner. The question to be answered in establishing infringement, as formulated by Lord Diplock, was a complex, multi-part enquiry. The Improver Questions In the ''Improver'' case, Mr Justice Hoffmann (as he then was), on behalf of the Patents Court, reformulated the test as a series of three questions to establish whether a variant (alleged infringing article) infringes the claims of a patent. The variant will not infringe if any of the following are true: * The variant has a material effect on the way the invention An invention is a unique or novel device, method, composition, idea or p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purposive Approach
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in ''Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. The purposive interpretation involves a rejection of the exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catnic Components Ltd V Hill & Smith Ltd
''Catnic Components Ltd. v. Hill & Smith Ltd.'' 982R.P.C. 183 is a leading House of Lords decision on the nature of a patent and in particular the methods of claim construction. Background Catnic Components had a patent for a steel lintel, used to provide structural support over a door or window opening in a brick wall. The lintel is hollow, being made from sheet steel pressed into a rectangular or trapezoidal shape with a wind to anchor the device to the surrounding brickwork. Part of the specification required a bar to "extend vertically". Hill & Smith created a virtually identical invention that had a bar that extended at an upwards slant, only 6 or 8 degrees from being completely vertical. Despite the difference the device worked entirely in the same way as Catnic's invention. Catnic sued for patent infringement. At trial, the judge held there was an infringement under the " pith and marrow" doctrine. The Court of Appeal of England and Wales overturned the ruling as i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
