PatentabilityWithin 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. 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.
Patent examinerA patent examiner (or, historically, a patent clerk) is an employee, usually a civil servant with a scientific or engineering background, working at a patent office. Major employers of patent examiners are the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO), and other patent offices around the world. Patent examiners review patent applications to determine whether the invention(s) claimed in each of them should be granted a patent or whether the application should instead be refused.
Patent prosecutionPatent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre-grant prosecution, which involves arguing before, and sometimes negotiation with, a patent office for the grant of a patent, and post-grant prosecution, which involves issues such as post-grant amendment and opposition. Patent prosecution is distinct from patent litigation, which describes legal action relating to the infringement of patents.
European Patent ConventionThe European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term European patent is used to refer to patents granted under the European Patent Convention.
Prior artPrior 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.
Patentable subject matterPatentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection. 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.
Business method patentBusiness method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations.
Software patentA software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm. A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, usually 20 years. These rights are granted to patent applicants in exchange for their disclosure of the inventions. Once a patent is granted in a given country, no person may make, use, sell or import/export the claimed invention in that country without the permission of the patent holder.
Glossary of patent law termsThis is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or his successor in rights in exchange to a public disclosure of the invention. The reply of an applicant to an office action must be made within a prescribed time limit.
Technical drawingTechnical drawing, drafting or drawing, is the act and discipline of composing drawings that visually communicate how something functions or is constructed. Technical drawing is essential for communicating ideas in industry and engineering. To make the drawings easier to understand, people use familiar symbols, perspectives, units of measurement, notation systems, visual styles, and page layout. Together, such conventions constitute a visual language and help to ensure that the drawing is unambiguous and relatively easy to understand.
Japan Patent OfficeThe Japan Patent Office is a Japanese governmental agency in charge of industrial property right affairs, under the Ministry of Economy, Trade and Industry. The Japan Patent Office is located in Kasumigaseki, Chiyoda, Tokyo and is one of the world's largest patent offices. The Japan Patent Office's mission is to promote the growth of the Japanese economy and industry by administering the laws relating to patents, utility models, designs, and trademarks. Copyright affairs are administered by the Agency for Cultural Affairs.
Design patentIn the United States, a design patent is a form of legal protection granted to the ornamental design of an article of manufacture. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers (Fig. 1) and computer icons are examples of objects that are covered by design patents. A similar intellectual property right, a registered design, can be obtained in other countries. In Kenya, Japan, South Korea and Hungary, industrial designs are registered after performing an official novelty search.
Engineering drawingAn engineering drawing is a type of technical drawing that is used to convey information about an object. A common use is to specify the geometry necessary for the construction of a component and is called a detail drawing. Usually, a number of drawings are necessary to completely specify even a simple component. The drawings are linked together by a master drawing or assembly drawing which gives the drawing numbers of the subsequent detailed components, quantities required, construction materials and possibly 3D images that can be used to locate individual items.
Plan (drawing)Plans are a set of drawings or two-dimensional diagrams used to describe a place or object, or to communicate building or fabrication instructions. Usually plans are drawn or printed on paper, but they can take the form of a digital file. Plans are used in a range of fields: architecture, urban planning, landscape architecture, mechanical engineering, civil engineering, industrial engineering to systems engineering. The term "plan" may casually be used to refer to a single view, sheet, or drawing in a set of plans.
Architectural drawingAn architectural drawing or architect's drawing is a technical drawing of a building (or building project) that falls within the definition of architecture. Architectural drawings are used by architects and others for a number of purposes: to develop a design idea into a coherent proposal, to communicate ideas and concepts, to convince clients of the merits of a design, to assist a building contractor to construct it based on design intent, as a record of the design and planned development, or to make a record of a building that already exists.
Patent claimIn 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.
Intellectual property organizationIntellectual property organizations are organizations that are focused on copyrights, trademarks, patents, or other intellectual property law concepts. This includes international intergovernmental organizations that foster governmental cooperation in the area of copyrights, trademarks and patents (such as organizations based on or founded by treaty), as well as non-governmental, non-profit organizations, lobbying organizations, think tanks, notable committees, and professional associations.
Person having ordinary skill in the artA 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.
Type systemIn computer programming, a type system is a logical system comprising a set of rules that assigns a property called a type (for example, integer, floating point, string) to every "term" (a word, phrase, or other set of symbols). Usually the terms are various constructs of a computer program, such as variables, expressions, functions, or modules. A type system dictates the operations that can be performed on a term. For variables, the type system determines the allowed values of that term.
Type theoryIn mathematics, logic, and computer science, a type theory is the formal presentation of a specific type system, and in general, type theory is the academic study of type systems. Some type theories serve as alternatives to set theory as a foundation of mathematics. Two influential type theories that were proposed as foundations are Alonzo Church's typed λ-calculus and Per Martin-Löf's intuitionistic type theory. Most computerized proof-writing systems use a type theory for their foundation, a common one is Thierry Coquand's Calculus of Inductive Constructions.
