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Novelty (patent)
Novelty is a requirement for a patent claim to be patentable. An invention is not new and therefore not patentable if it was known to the public before the filing date of the patent application, or before its date of priority if the applicant claims priority of an earlier patent application. The purpose of the novelty requirement is to prevent prior art from being patented again.: "I. Patentability; C. Novelty; 1. General" ("An invention can be patented only if it is new. An invention is considered to be new if it does not form part of the state of the art. The purpose of Art. 54(1) EPC is to prevent the state of the art being patented again (T 12/81, OJ 1982, 296; T 198/84, OJ 1985, 209).") Definition Novelty is requirement for a patent claim to be patentable. In contrast, if an invention was known to the public before filing a patent application, or before its date of priority, if the priority of an earlier patent application is claimed, the invention is not considere ...
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Patent Claim
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 analyz ...
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Jepson Claim
This is a list of special types of claims that may be found in a patent or patent application. For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories". ''Beauregard'' In United States patent law, a ''Beauregard'' claim is a claim to a computer program written in the form of a claim to an article of manufacture: a computer-readable medium on which are encoded, typically, instructions for carrying out a process. This type of claim is named after the 1995 decision ''In re Beauregard''. The computer-readable medium that these claims contemplate is typically a floppy disk or CD-ROM, which is why this type of claim is sometimes called a "floppy disk" claim. In the past claims to pure instructions were generally considered not patentable bec ...
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Patent Act (Canada)
The ''Patent Act'' is Canadian federal legislation and is one of the main pieces of Canadian legislation governing patent law in Canada. It sets out the criteria for patentability, what can and cannot be patented in Canada, the process for obtaining a Canadian patent, and provides for the enforcement of Canadian patent rights. Purpose The purpose of a patent is to protect inventions. Patents provide the owner of a patent with the exclusive right to make, use and sell a patented invention.Patent Act, RSC 1985, c P-4
s 42. These restrictions form a system of encouraging economic and technical growth. The patent is a contract between the inventor and the government who represents society. The inventor obtains a monopoly limited to a 20-year term of producing and selling the patent. Society gains disclosure of the inventio ...
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Software Patents Under United States Patent Law
Neither software nor computer programs are explicitly mentioned in statutory United States patent law. Patent law has changed to address new technologies, and decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) beginning in the latter part of the 20th century have sought to clarify the boundary between patent-eligible and patent-ineligible subject matter for a number of new technologies including computers and software. The first computer software case in the Supreme Court was '' Gottschalk v. Benson'' in 1972. Since then, the Supreme Court has decided about a half dozen cases touching on the patent eligibility of software-related inventions. The eligibility of software, as such, for patent protection has been only scantily addressed in the courtsHowever, a recent nonprecedential decision of the Federal Circuit held that software as such is not patent eligible. or in legislation. In fact, in the recent Supreme Court de ...
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Exhausted Combination
The exhausted combination doctrine, also referred to as the doctrine of the ''Lincoln Engineering'' case, is the doctrine of U.S. patent law that when an inventor invents a new, unobvious device and seeks to patent not merely the new device but also the combination of the new device with a known, conventional device with which the new device cooperates in the conventional and predictable way in which devices of those types have previously cooperated, the combination is unpatentable as an "exhausted combination" or "old combination". The doctrine is also termed the doctrine of the ''Lincoln Engineering'' case because the United States Supreme Court explained the doctrine in its decision in ''Lincoln Engineering Co. v. Stewart-Warner Corp.'' The ''Lincoln Engineering'' decision In ''Lincoln Engineering'', the inventor invented a new and improved coupling device to attach a nozzle to a grease gun. The patent, however, claimed the whole combination of grease gun, nozzle, and coupling ...
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Alice V
Alice may refer to: * Alice (name), most often a feminine given name, but also used as a surname Literature * Alice (''Alice's Adventures in Wonderland''), a character in books by Lewis Carroll * ''Alice'' series, children's and teen books by Phyllis Reynolds Naylor * ''Alice'' (Hermann book), a 2009 short story collection by Judith Hermann Computers * Alice (computer chip), a graphics engine chip in the Amiga computer in 1992 * Alice (programming language), a functional programming language designed by the Programming Systems Lab at Saarland University * Alice (software), an object-oriented programming language and IDE developed at Carnegie Mellon * Alice mobile robot * Artificial Linguistic Internet Computer Entity, an open-source chatterbot * Matra Alice, a home micro-computer marketed in France * Alice, a brand name used by Telecom Italia for internet and telephone services Video games * '' Alice: An Interactive Museum'', a 1991 adventure game * ''American McGee's Alic ...
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Mayo V
Mayo often refers to: * Mayonnaise, often shortened to "mayo" * Mayo Clinic, a medical center in Rochester, Minnesota, United States Mayo may also refer to: Places Antarctica * Mayo Peak, Marie Byrd Land Australia * Division of Mayo, an Australian Electoral Division in South Australia Canada * Mayo, Quebec, a municipality * Mayo, Yukon, a village ** Mayo (electoral district), Yukon, a former electoral district Cape Verde * Maio, Cape Verde (also formerly known as Mayo Island) Republic of Ireland * County Mayo * Mayo (Dáil constituency) * Mayo (Parliament of Ireland constituency) * Mayo (UK Parliament constituency) * Mayo, County Mayo, a village Ivory Coast * Mayo, Ivory Coast, a town and commune Thailand * Mayo District, Pattani Province United Kingdom * Mayo, a townland in County Down, Northern Ireland * Mayo (UK Parliament constituency), a former constituency encompassing the whole of County Mayo United States * Mayo, Florida, a town * Mayo, Kentucky, an unincorp ...
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Diamond V
Diamond is a solid form of the element carbon with its atoms arranged in a crystal structure called diamond cubic. Another solid form of carbon known as graphite is the chemically stable form of carbon at room temperature and pressure, but diamond is metastable and converts to it at a negligible rate under those conditions. Diamond has the highest hardness and thermal conductivity of any natural material, properties that are used in major industrial applications such as cutting and polishing tools. They are also the reason that diamond anvil cells can subject materials to pressures found deep in the Earth. Because the arrangement of atoms in diamond is extremely rigid, few types of impurity can contaminate it (two exceptions are boron and nitrogen). Small numbers of defects or impurities (about one per million of lattice atoms) color diamond blue (boron), yellow (nitrogen), brown (defects), green (radiation exposure), purple, pink, orange, or red. Diamond also has a ver ...
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O'Reilly V
O'Reilly ( ga, Ó Raghallaigh) is a group of families, ultimately all of Irish Gaelic origin, who were historically the kings of East Bréifne in what is today County Cavan. The clan were part of the Connachta's Uí Briúin Bréifne kindred and were closely related to the Ó Ruairc (O'Rourkes) of West Bréifne. O'Reilly is ranked tenth in the top twenty list of most common Irish surnames. It is also the patronymic form of the Irish name Reilly (Irish Gaelic: ''Uí Raghaile''). The name is commonly found throughout Ireland, with the greatest concentration of the surname found in County Cavan followed by Longford, Meath, Westmeath, Fermanagh and Monaghan, and the Province of Leinster. Naming conventions Overview It is usually anglicised as Reilly, Riley, and O'Reilly. The original form of the name, Ó Raghallaigh, denotes "from/of Raghallach", the name Raghallach thought to be derived from the compounds ''ragh'' (meaning "race") and ''ceallach'' (meaning "sociable"). ...
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Neilson V
Neilson may refer to: Places * Zec Batiscan-Neilson, in the Portneuf Regional County Municipality, Quebec, Canada * Neilson Township, in Portneuf Regional County Municipality, Quebec, Canada * Neilson River (Bras du Nord), Saint-Raymond, Portneuf Regional County Municipality, Quebec, Canada Business * Neilson Dairy, or William Neilson Dairy Limited, a Canadian dairy company * Neilson and Company Neilson and Company was a locomotive manufacturer in Glasgow, Scotland. The company was started in 1836 at McAlpine Street by Walter Neilson and James Mitchell to manufacture marine and stationary engines. In 1837 the firm moved to Hyde Park ..., 19th century locomotive manufacturer in Glasgow, Scotland Other uses * Neilson (name), people with the given name or surname * Roger Neilson Memorial Award, annual award for the top academic College/University player in the Ontario Hockey League See also * Nielsen (other) * Neilston, a village and parish in East R ...
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Statutory Subject Matter
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability. Legislations The subject-matter which is regarded as patentable as a matter of policy, and correspondingly the subject-matter which is excluded from patentability as a matter of policy, depends on the national legislation or international treaty. Canada According to the Canadian Intellectual Property Office (CIPO) patents may only be granted for physical embodiments of an idea, or a process that results in something that is tang ...
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Patent-eligibility
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability. Legislations The subject-matter which is regarded as patentable as a matter of policy, and correspondingly the subject-matter which is excluded from patentability as a matter of policy, depends on the national legislation or international treaty. Canada According to the Canadian Intellectual Property Office (CIPO) patents may only be granted for physical embodiments of an idea, or a process that results in something that is tang ...
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