Search results
Results from the WOW.Com Content Network
In the context of research and development (R&D) collaborations, background, foreground, sideground and postground intellectual property (IP) are four distinct forms of intellectual property assets. These are included in the broader and more general categories of knowledge in R&D collaborations or open innovation .
The information submitted in an IDS typically includes other issued patents, published patent applications, scientific journal articles, books, magazine articles, or any other published material that is relevant to the invention disclosed in the applicant's own patent application, irrespective of the country or language in which the published material was made.
Design-arounds can be a defense against patent trolls. The amount of license fee that a patent troll can demand is limited by the alternative of the cost of designing around the troll's patent(s). [4] In order to defend against design-arounds, inventors often develop a large portfolio of interlocking patents, sometimes called a patent thicket ...
Therefore, there was nothing left on which a patent could issue. In a case in which a patent was sought on an implementation of a principle (the algorithm), the implementation itself must be inventive for a patent to issue. Since that was not so, the Court held that the patent office had properly rejected Flook's claim to a patent.
Infringement of a registered design can be identified through ‘the eyes of an ordinary observer’ test. This means that the appearance of an accused design is seen to be an infringement, if the design is significantly similar, and one may purchase the accused design product thinking that it is the patented design. [17]
A patent cannot be obtained for the device or method, or, if obtained (granted), it can generally be "invalidated". The identification of the prior art is therefore of utmost importance to determine whether an invention is patentable, i.e. whether a patent can be granted for an invention (or whether a patent granted for an invention is valid).
The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", to achieve a proper balance between the incentive provided by the patent system, namely encouraging innovation, and its social cost, namely conferring temporary monopolies. [4]
Patentable, 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.