Antedating in patent law

05 Nov

This document usually contains a description of the invention and at least one claim used to define the sought scope of protection. In the Patent Cooperation Treaty (PCT), "Chapter I" refers to the prosecution procedure when no demand under Article 31 PCT is made.

The states selected under Chapter I by the applicant are called "designated States".

The reply of an applicant to an office action must be made within a prescribed time limit.

If no reply is received within the time period, the application may be considered, depending on the jurisdiction, as abandoned or deemed to be withdrawn, and, therefore, no longer pending.

At the European Patent Office, the application documents serving as the basis for the publication of the granted patent.

Under the Patent Cooperation Treaty (PCT), a national patent office of or acting for a State elected by the applicant under Chapter II of the PCT. In a patent or patent application, "a specific combination of features or a specific mode of carrying out the invention, by contrast to a more abstract definition of features which can be carried out in more than one way." A legal concept according to which intellectual property (IP) rights, such as patent rights, in a product are exhausted by its sale.

To combat infringement, truly "insignificant" elements are routinely kept out of patent claims.A provision in a patent license that limits the scope of what the patent owner authorizes a manufacturing licensee (that is, a licensee that manufactures a patented product or performs a patented process) to do in relation to the patent, by specifying a defined field of permissible operation or specifying fields from which the licensee is excluded. the date on which that application is legally accepted at the patent office.That date is typically the date on which the documents are deposited at the office, but may be later if there are defects in the documents. In the United States, if a patent application is mailed to the United States Patent and Trademark Office (USPTO) by Express Mail, Post Office to Addressee, then the date the application was deposited in the post office is the filing date.An application for a patent, or patent application, is a request by a person or company to the competent authority (usually a patent office) to grant him a patent.By extension, a patent application also refers to the content of the document which that person or company filed to initiate the application process. law concept according to which, if "the extent of the monopoly claimed [in a patent] exceeds the technical contribution to the art made by the invention as described in the specification", the patent may be revoked on the ground of insufficiency of disclosure. Medeva, issued by the House of Lords on 31 October 1996.