LAWIN

Category: Intellectual Property law

  • Continuation

    Continuation in E.U. Patent System(see Continuing Applications) Applicable mainly in the US, continuations are second or subsequent applications which are subsequently filed while the original parent application is pending. Continuations must claim the same invention as the original application […]

  • Obviousness

    Obviousness in E.U. Patent SystemThe concept that the claims defining an invention in a patent application must involve an inventive step if, when compared with what is already known (i.e. prior art), it would not be obvious to someone skilled in the art.

  • Patent Scope

    Patent Scope in the E.U. Patent System

  • Design

    Design Patent in E.U. Patent SystemA type of patent covering the shape characteristics of an object.

  • Patentability

    Patentability in E.U. Patent SystemThe ability of an invention to satisfy the legal requirements for obtaining a patent, including novelty. In some countries certain types of inventions, e.g. computer software and plants, may be unpatentable.

  • Rejection

    Rejection in E.U. Patent SystemWhen a patent application is refused by a patent office.

  • Abandon

    Abandon in E.U. Patent SystemThe explicit or implicit relinquishment of a potential patent right. Simple inaction may render a patent right abandoned

  • Citations

    Shepard's Citations as Legal Research Sources

  • Novelty

    Novelty in E.U. Patent SystemThe concept that the claims must be totally new. The invention must never have been made public in any way, anywhere, before the date on which the application for a patent is filed.

  • Patent Application

    Auslegeschrift in E.U. Patent SystemAn examined German patent application (second publication) now eliminated (see Offenlegungsschrift and Patentschrift).

  • Disposal

    Disposal in E.U. Patent SystemIn some countries, such as the USA, this refers to where an application has been resolved by being withdrawn, rejected or granted. It can also have the connotation of being rejected only.

  • Infringement

    Infringe in E.U. Patent SystemTo make, use or sell the patented item or process within the country covered by the patent without permission or licence from the patentee.

  • File

    First to File in E.U. Patent SystemThe applicant who is the first to file an application for an invention will be awarded the patent over all others. This law is becoming increasingly the standard for countries adhering to Trade-Related aspects of Intellectual Property (TRIPs) guidelines.

  • Patent Family

    Patent Family in E.U. Patent SystemAll the equivalent patent applications corresponding to a single invention, covering different geographical regions.

  • Pending

    Pending in E.U. Patent SystemThe period in which the patent office has not yet decided whether to reject or to grant a patent application, and it has not yet been withdrawn.