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Inventive Step And Non-obviousness
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, " henonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art". The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law. The expression "inventiveness" is sometimes used as well. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom. Rationale The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patentability
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met for a patent to be held valid. Requirements The patent laws usually require that, for an invention to be patentable, it must be: * Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection * Novel (i.e. at least some aspect of it must be new) * Non-obvious (in United States patent law) or involve an inventive step (in European patent law) * Useful (in U.S. patent law) or be susceptible of industrial application (in European patent law) Usually the term "''patentability''" only refers to "substantive" conditions, and does not refer to formal conditions such as the " sufficiency of disclosure", the "unity of invention" or the " best mode requirement". Judging patentability is one aspect of the official ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Person Skilled 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] |
European Patent Institute
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 2021, the institute had about 12,500 members across 38 member states. The European Patent Institute publishes a quarterly journal, the ''epi Information'' (). See also * Intellectual property organization * Intellectual Property Regulation Board The Intellectual Property Regulation B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cripps Question
In patent law, the Cripps question is: :"Was it for all practical purpose obvious to any skilled chemist in the state of chemical knowledge existing at the date of the patent which consists of the chemical literature available (a selection of which appears in the Particulars of Objections) and his general chemical knowledge, that he could manufacture valuable therapeutic agents by making the higher alkyl resorcinols; ... ?" It was posed in the 1920s by Stafford Cripps in a British patent case about n-hexyl resorcinol, Sharp & Dohme Inc v Boots Pure Drug Company Ltd and approved by the Master of the Rolls Lord Hanworth in the Court of Appeal's judgment. If the answer was yes the patent was invalid for lack of inventive step or obviousness (or, in the terminology used at the time, want of subject matter). Referred to later as the Cripps question, this way of formulating the issue of inventive step in English law was deployed for many years thereafter. The Cripps question was note ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Priority Right
In patent, industrial design rights and trademark laws, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
KSR V , science fiction writer
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KSR may refer to: * Kam Sheung Road station, Hong Kong; MTR station code * Kendall Square Research, former supercomputer company, Cambridge, Massachusetts, US * Keyboard Send Receive, a type of teleprinter made by Teletype Corporation * '' KSR v. Teleflex'', a US patent lawsuit * Katahdin Scout Reservation, a BSA camp in Maine, US * King Shaka Regiment, an infantry regiment of the South African Army * Korean State Railway, North Korea state railways * KSR1 (kinase suppressor of Ras 1), an enzyme and gene * Kim Stanley Robinson Kim Stanley Robinson (born March 23, 1952) is an American writer of science fiction. He has published twenty-two novels and numerous short stories and is best known for his ''Mars'' trilogy. His work has been translated into 24 languages. Many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Graham Et Al
Graham and Graeme may refer to: People * Graham (given name), an English-language given name * Graham (surname), an English-language surname * Graeme (surname), an English-language surname * Graham (musician) (born 1979), Burmese singer * Clan Graham, a Scottish clan * Graham baronets Fictional characters * Graham Aker, in the anime ''Gundam 00'' * Project Graham, what a human would look like to survive a car crash Places Canada * Graham, Sudbury District, Ontario * Graham Island, part of the Charlotte Island group in British Columbia * Graham Island (Nunavut), Arctic island in Nunavut United States * Graham, Alabama * Graham, Arizona * Graham, Florida * Graham, Georgia * Graham, Daviess County, Indiana * Graham, Fountain County, Indiana * Graham, Kentucky * Graham, Missouri * Graham, North Carolina * Graham, Oklahoma * Graham, Texas * Graham, Washington Elsewhere * Graham Land, Antarctica * Graham Island (Mediterranean Sea), British name for a submerged volcanic island ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Priority Right
In patent, industrial design rights and trademark laws, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called “substantive examination” of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Climax
Climax may refer to: Language arts * Climax (narrative), the point of highest tension in a narrative work * Climax (rhetoric), a figure of speech that lists items in order of importance Biology * Climax community, a biological community that has reached a steady state because the life there is best adapted to the area * Climax (sexual), another expression for orgasm * ''Climax'' (beetle), a genus of beetles Film and television * ''Climax'' (1965 film), a 1965 Norwegian drama film * '' Climax!'', a 1950s American television series * ''Climax'' (2013 film), a 2013 Indian biographical film * ''Climax'' (2018 film), a 2018 French-Belgian horror film Music * Climax (band), a 1970s American rock band best known for their soft rock hit "Precious and Few" * Climax Blues Band, a British blues-based rock band formed in 1968 * ''Climax'' (La'Mule album), 2001 * ''Climax'' (Ohio Players album), by American band The Ohio Players * ''Climax'' (Plan B album), 2018 * "Clima ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claim (patent)
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of the utmost importance both during prosecution and litigation alike. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method for computing future life expectancies, said method comprising gathering data including X, Y, Z, analyzing the data, comparing the anal ... [...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, or t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
