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Prosecution History Estoppel
Prosecution history estoppel, also known as file-wrapper estoppel, is a term used to indicate that a person who has filed a patent application, and then makes narrowing amendments to the application to accommodate the patent law, may be precluded from invoking the doctrine of equivalents to broaden the scope of their claims to cover subject matter ceded by the amendments. Although primarily a U.S. term, questions of whether, or the extent to which the prosecution history should be relevant for determining the extent of protection of a patent also arise outside the U.S. Canada On December 13, 2018, new section 53.1 of the Patent Act makes prosecution history evidence admissible before the Court for the purposes of claim construction. Patents in Canada are subject to a purposive construction, which relies on reading both the claims and the specifications to determine the scope of a patent, and extrinsic evidence is not permitted. Therefore, the Canadian courts emphatically reje ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law. Types of estoppel There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Application
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the administrative and legal framework of the patent office. To obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with the jurisdiction to grant a patent in the geographic area over which coverage is required. This is often a national patent office, but may be a regional body, such as the European Patent Office. Once the patent specification complies with the laws of the office concerned, a patent may be granted for the invention described and claimed by the specification. The process of "negotiating" or "arguing" with a patent office for the grant of a patent, and interaction with a patent offic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent World
''Patent World'' was a monthly magazine published in English and specialized in patent law and business. It was launched in 1987 and closed in 2010. See also * List of intellectual property law journals This list includes notable journals and magazines concerned with intellectual property (IP) law and business, and their various sub-fields, such as copyright, patent and trademark laws. The list also includes official journals and gazettes of pate ... References External links * Patent World' on Informa Law web site * * Business magazines published in the United Kingdom Monthly magazines published in the United Kingdom English-language magazines Intellectual property law magazines Legal magazines Magazines established in 1987 Magazines disestablished in 2010 Works about patent law {{law-mag-stub ... [...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''. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extrinsic Evidence
In science and engineering, an intrinsic property is a property of a specified subject that exists itself or within the subject. An extrinsic property is not essential or inherent to the subject that is being characterized. For example, mass is an intrinsic property of any physical object, whereas weight is an extrinsic property that depends on the strength of the gravitational field in which the object is placed. Applications in science and engineering In materials science, an intrinsic property is independent of how much of a material is present and is independent of the form of the material, e.g., one large piece or a collection of small particles. Intrinsic properties are dependent mainly on the fundamental chemical composition and structure of the material. Extrinsic properties are differentiated as being dependent on the presence of avoidable chemical contaminants or structural defects. In biology, intrinsic effects originate from inside an organism or cell, such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Justice
The Federal Court of Justice (german: Bundesgerichtshof, BGH) is the highest court in the system of ordinary jurisdiction (''ordentliche Gerichtsbarkeit'') in Germany, founded in 1950. It has its seat in Karlsruhe with two panels being situated in Leipzig since 1997 and 2020, respectively. It is the supreme court (court of last resort) in all matters of criminal law and private law. A decision handed down by the BGH can be reversed only by the Federal Constitutional Court of Germany on constitutionality (compatibility with the Basic Law for the Federal Republic of Germany) grounds. History Before the Federal Court of Justice of Germany was created in its present form, Germany had several highest courts: As early as 1495 there was the ''Reichskammergericht'', which existed until 1806. As from 1870, in the time of the North German Confederation, there was the ''Bundesoberhandelsgericht'' in Leipzig. In 1871, it was renamed to ''Reichsoberhandelsgericht'' and its area of respon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Person Having Ordinary Skill In The Art
A person having ordinary skill in the art (abbreviated PHOSITA), a person of (ordinary) skill in the art (POSITA or PSITA), a person skilled in the art, a skilled addressee or simply a skilled person is a legal fiction found in many patent laws throughout the world. This hypothetical person is considered to have the normal skills and knowledge in a particular technical field (an "art"), without being a genius. The person mainly serves as a reference for determining, or at least evaluating, whether an invention is non-obvious or not (in U.S. patent law), or involves an inventive step or not (in European patent laws). If it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable. In some patent laws, the person skilled in the art is also used as a reference in the context of other criteria, for instance in order to determine whether an invention is sufficiently d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Irish Supreme Court
, image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 = , caption2 = The Supreme Court sits in the Four Courts in Dublin , established = , dissolved = , jurisdiction = Ireland , location = Four Courts, Dublin , coordinates = , motto = , type = Appointed by the President, acting on the binding advice of the Government , authority = Article 34 of the ConstitutionCourts (Establishment and Constitution) Act 1961 , appealsto = , appealsfrom = Court of Appeal High Court , terms = Once appointed, a judge may only be removed by the Oireachtas for stated misbehaviour or incapacity. Mandatory retirement on reach 70 years of age. , positions = 10 and 2 members , bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dutch Supreme Court
The Supreme Court of the Netherlands ( nl, Hoge Raad der Nederlanden or simply ''Hoge Raad''), officially the High Council of the Netherlands, is the final court of appeal in civil, criminal and tax cases in the criminal justice system of the Netherlands, Netherlands, including Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and is located in The Hague. The Supreme Court rules civil and criminal matters. In certain Administrative law, administrative cases it has final jurisdiction as well, while in other cases this jurisdiction rests with the adjudicative division of the Council of State (Netherlands), Council of State (''Raad van State''), the Central Appeals Tribunal ('), the Trade and Industry Appeals Tribunal (') as well as judicial institutions in the Caribbean part of the Kingdom of the Netherlands. The Court is a court of cassation, which means that it has the competence to Motion to quash, quash or affirm rulings of lower courts, but no com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Festo Corp
Festo is a German automation company based in Esslingen am Neckar, Germany. Festo produces and sells pneumatic and electrical control systems and drive technology for factories and process automation. Festo Didactic also offers industrial education and consultation services and is one of the sponsors and partners of the WorldSkills Mechatronics Competitions. Sales subsidiaries, distribution centres and factories of Festo are located in 61 countries worldwide. The company was named after its founders Albert Fezer and Gottlieb Stoll. Animal robots Festo is known for making moving robots that move like animals, such as the seagull-like SmartBird, jellyfish, butterflies and kangaroos. In 2018 they also added a flying fox and a rolling spider to the list. Festo calls their Bionic Flying Fox an “ultra-lightweight flying object with intelligent kinematics.” See also * BionicKangaroo * Robotino Robotino is a mobile robot system made by ''Festo Didactic'', and used for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving criminal, bankruptcy, immigration, or U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The court occupies the Howard T. Markey N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
