|
Reduction To Practice
In United States patent law, the reduction to practice is the step in the formation of an invention beyond the conception thereof. Reduction to practice may be either actual (the invention is actually carried out and is found to work for its intended purpose) or constructive (a patent application having a sufficient disclosure is filed). The date of reduction to practice was critical to the determination of priority between inventors in an interference proceeding under the discontinued first-to-invent system as well as for swearing behind a reference under that system. Conception is the "formation in the mind of the inventor, of a definite and permanent idea of the complete and operative invention, as it is hereafter to be applied in practice." ''Hybritech Inc. v. Monoclonal Antibodies, Inc.'', 802 F.2d 1367, 1376 ( Fed. Cir. 1986) (quoting 1 Robinson ''On Patents'' 532 (1890). The reduction to practice of an invention can either be: * Actual reduction to practice: " quires t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
|
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
 |
Invention
An invention is a unique or novelty (patent), novel machine, device, Method_(patent), method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand-alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word ''inventor'' comes from the Latin verb ''invenire'', ''invent-'', to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. The ideation process may be augmented by the applications of algorithms and methods from the domain collectively known as evolutionary robotics, artificial intellige ... [...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 claim (patent), 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
Sufficiency Of Disclosure
Sufficiency of disclosure or enablement is a patent law requirement that a patent application disclose a claim (patent), claimed invention in sufficient detail so that the person skilled in the art could carry out that claimed invention. The requirement is fundamental to patent law: a monopoly is granted for a term of patent, given period of time in exchange for a disclosure to the public how to make or practice the invention. Background The disclosure requirement lies at the heart and origin of patent law. An inventor, or the inventor's Assignment (law), assignee, is granted a monopoly for a given period of time in exchange for the inventor disclosing to the public how to make or practice their invention. If a patent fails to contain such information, then the bargain is violated, and the patent is unenforceable or can be revoked. Inventors who do not wish to teach the world about their invention still have some protection under trade secret law, which protects valuable secrets ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
 |
Inventor
An invention is a unique or novel device, method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand-alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word ''inventor'' comes from the Latin verb ''invenire'', ''invent-'', to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. The ideation process may be augmented by the applications of algorithms and methods from the domain collectively known as artificial intelligence . Some inventions can be patented. The system of patents wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
Interference Proceeding
In United States patent law, an interference proceeding, also known as a priority contest, is an '' inter partes'' proceeding to determine the priority issues of multiple patent applications. Unlike in most other countries, which have long had a first-to-file system, until the enactment of the Leahy–Smith America Invents Act (AIA) in 2011, the United States operated under a first-to-invent. The interference proceeding determines which of several patent applications had been made by the first inventor. The AIA switched the US to a first-to-file regime effective March 16, 2013, and interferences apply only to patent applications with an effective filing date prior to that change. Definition An interference proceeding is an administrative proceeding conducted by a panel of administrative patent judges (administrative law judges sitting on the Board of Patent Appeals and Interferences) of the United States Patent and Trademark Office (USPTO) to determine which applicant is no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
|
First-to-invent
First to file and first to invent are legal concepts that define who has the right to the grant of a patent for an invention. Since March 16, 2013, after the United States abandoned its "first to invent/document" system, all countries have operated under the "first-to-file" patent priority requirement. First to file In a first-to-file system, the right to grant a patent for a given invention lies with the first person to file a patent application for protection of that invention, regardless of the date of the actual invention. First to disclose The concept of a grace period, under which early disclosure does not prevent the discloser from later filing and obtaining a patent, must be distinguished here from the FTI system. Germany and the UK formerly had a concept of the grace period. Both FTI and grace period systems afforded early discloser protection against later filers. The FTI system allowed non-disclosers to overturn established parties, whereas the grace system only ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
|
Swear Back Of A Reference
In United States patent law, "swearing back of a reference" is a process where an inventor, in certain circumstances, can get a US patent even though the invention became public before the inventor filed an original patent application. This law has been substantially changed as of March 16, 2013, the effective date of the first-to-file provisions of the Leahy-Smith America Invents Act (AIA), although this procedure is still available in patent applications entitled to effective filing dates before this date. The pre-AIA law granted a one-year grace period from when the invention became known in certain ways to when an inventor had to file their patent application. If, in the course of patent application examination, a patent examiner cites a reference that predates the filing date of the patent application by less than a year, an inventor may still get a US patent if they can swear back of the publication date of the reference. Procedure To effectively swear back of a referenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
 |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case report ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
 |
United States 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 one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. The Federal Circuit has no jurisdiction over any criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, D.C. The Federal Circuit was created in 1982 with enactment 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 co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
Manual Of Patent Examining Procedure
The ''Manual of Patent Examining Procedure'' (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be followed in the examination of U.S. patent applications, and articulates their application to an enormous variety of different situations. The MPEP is based on Title 37 of the Code of Federal Regulations, which derives its authority from Title 35 of the United States Code, as well as on case law arising under those titles. The origins of the ''Manual'' date back to a 1920 Patent and Trademark Office Society publication known as the "Wolcott Manual". "One of the most fruitful endeavors of the atent and Trademark OfficeSociety in the area of education was the publication of the first Manual of Patent Office Procedure. The first Manual was written by two employees of the Office and was published in 1920 by the Society. This Manual, with its e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
 |
Biology
Biology is the scientific study of life and living organisms. It is a broad natural science that encompasses a wide range of fields and unifying principles that explain the structure, function, growth, History of life, origin, evolution, and distribution of life. Central to biology are five fundamental themes: the cell (biology), cell as the basic unit of life, genes and heredity as the basis of inheritance, evolution as the driver of biological diversity, energy transformation for sustaining life processes, and the maintenance of internal stability (homeostasis). Biology examines life across multiple biological organisation, levels of organization, from molecules and cells to organisms, populations, and ecosystems. Subdisciplines include molecular biology, physiology, ecology, evolutionary biology, developmental biology, and systematics, among others. Each of these fields applies a range of methods to investigate biological phenomena, including scientific method, observation, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |