Locating close prior art provides a critical edge in patent litigation or licensing, by documenting that the patent in question should not have been granted due to anticipatory (102) or obviousness (103) art. However, the prior art defense is contingent upon successfully locating such art. as most law firms have discovered, there is a wide range of outcomes when a prior art search is commissioned. this is dramatically evident when a Joint defense Group commissions 3 searches...
Grace Period : Top Patent Offices
United States of America
Disclosure not to be taken into consideration in determining novelty and inventive step if it occurred within one year before the filing date in the form of:
1. inventions patented or described in a printed publication in the US or abroad;
2. public use or on sale in the US.
India
An invention shall not be deemed to have been anticipated by:
1. Disclosures at any time before the filing date (priority date) of
matter obtained from, and...
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Grace Period
Exclusion From Patentable Subject Matter: Japan & UK
Japan
1. Inventions contrary to public order, morality or public health. 2. Methods for the treatment of humans.
United Kingdom
1. Discoveries, scientific theories and mathematical methods. 2. Literary, dramatic, musical and artistic works. 3. Aestheticcreations. 4. Schemes, rules and methods for performing mental acts, playing games or doing business. 5. Computer programs.
6. Presentation of information. 7. Therapeutic, surgical and diagnostic methods for...
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Patent Laws
Patent infringement
infringement constitute of illegal manufacturing, using or even offering for a sale or selling any patented invention within the country or its territories without proper license, or importing it into the country of any patented invention during the term of the patent protection.
Protection against Infringement may vary from country to country, as the patent is examined voluntarily by the patent office established in each country or region and may have some difference...
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Infringement
Exclusions from Patentable Subject Matter - India
The exclusion from Patentable Subject Matter for India Patent Office are:
1. Inventions which are frivolous or obviously contrary to well established natural law. 2. Inventions use or commercial exploitation of which is contrary to law or morality or causes serious prejudice to human, animal, or plant life or health or to the environment. 3. Discoveries of a scientific principle or formulation of an abstract theory or discovery of any living thing or non- living substance...
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Indian Patent Laws,
Patent Laws
Prior art definition: Top Countries
United States of America
1. An invention which was known or used
by others in US, or patented or described in a printed publication in US
or a foreign country, before the invention by the applicant;
2. An
invention which was patented or described in a printed publication in US
or a foreign country or in public use or on sale in US, more than one
year before the filing date;
3. An invention abandoned by the applicant;
4.
An invention which was patented, or was...
Are patent text and images Copyrighted?
There is a debate over this topic that text and images of patent are subject of copyright protection. I have researched over this and found out that the answer to this debate is no.
Copyright: Copyright is a form of protection provided to the authors of "original
works of authorship" including literary, dramatic, musical, artistic,
and certain other intellectual works, both published and unpublished.
The 1976 Copyright Act generally gives the owner of copyright the
exclusive...
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Copyright and Patent
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