Probatio diabolica (Latin: “devil’s proof”) is a legal requirement to achieve an impossible proof. Where a legal system would appear to require an impossible proof, the remedies are reversing the burden of proof, or giving additional rights to the individual facing the probatio diabolica.
For example, one party might patent a process for manufacturing an item. Another party might then make the item. The patent holder would normally have to show that the patented process had been improperly used; this is a probatio diabolica since on the face of it the patent holder has no information on what process was actually used, and this could render the patent useless. Two possible solutions exist:
- the burden of proof is reversed by presuming that the second manufacturer has improperly used the patented process, unless or until he demonstrates that he has used some other process; or
- the patent holder is given discovery rights, enabling him to get information from the second manufacturer on the process actually used.
References
- For more information about European patent law in general, see European patent law.
The
expression Europe-wide patent may refer either to
- the Community patent, a European Union project to create a unitary patent in all EU member states; or to
- European patents, granted by the European Patent Office under to the European Patent Convention, the enforcement of which is dealt with before national courts.
References
Innovation and its Discontents: How our Broken Patent System is Endangering Innovation and Progress, and What to do About it is a book ISBN 0-691-11725-X) by Adam B. Jaffe and Josh Lerner. Princeton University Press published the book in 2004.
The authors of the book outline changes made to the patent system in the United States in the late 1980s and early 1990s which they say has led to a situation in which patents have become extremely powerful economic weapons, and are being issued irresponsibly and at an unreasonable rate.
The end result, the authors claim, is that American innovation is being stifled unintentionally as a result of a few simple bureaucratic changes (centralizing the appeal to the United States Court of Appeals for the Federal Circuit and making patent application fees the primary source of revenue for the United States Patent and Trademark Office). The authors argue that the establishment of the CAFC has led to judicial “tunnel vision”; because the judges of the CAFC are only asked to rule on matters of intellectual property, they come to value the current patent system too highly, and tend to side disproportionately with patent-holders.
The authors frame the current debate about patents in historical terms, citing both times when patents were freely granted as royal favors, such as the Elizabethan era in England, as well as times when patents were impossible to obtain, or in the case of the Netherlands in the 1830s, completely abolished.
See also
- Sealed crustless sandwich
References
- By No Other: ABA Project: Model Case Management Orders for Patent ABA Project: Model Case Management Orders for Patent Cases. Several years ago, I chaired a special committee of the American Bar Association's Section of
- EETimes.com - Press Release - Significant Power Management Patent EE Times is the online source of global news for the creators of technology.
- Patent FAQ - Office of Technology Management The only way to protect a new invention is by filing a patent application with the United States Patent and Trademark Office. Disclosing to the OTM only
- CCTEC patent management For Cornell inventors, the Cornell Center for Technology, Enterprise and Commercialization helps with the complex legal details of obtaining, licensing and
- NEC to Invest in Linux Patent Management Company Open Invention NEC will join IBM, Novell, Philips, Red Hat and Sony as an investor and licensee in Open Invention Network (OIN), an intellectual property company formed to
- Sherry M. Carty PhD - Inside Patent Management - RTP, NC inside patent management, sherry carty, patent, intellectual property, nc, rtp, research triangle park, patent attorney, patent agent, PhD, Biotechnology,
- Patent for content management is granted Software solution provider GraphOn have been granted a patent that cover 'Method and apparatus for providing a dynamically-updating pay-for-service web
- Delphion partners with top companies for patent research See the Delphion partner page to learn about top companies for patent research, intellectual property, and intellectual asset management, and intellectual
- creativepro.com - Extensis Awarded Second Patent for Digital Asset "Extensis' Portfolio family of products continues to be a leading solution for digital asset management needs and we are thrilled to receive a second patent
- UW TechTransfer :: About Us :: Staff Directory :: Patent UW TechTransfer :: About Us :: Staff Directory :: Patent Management Group Patent Management Group. Katie Kay, 206-685-3320, ktkay@u.washington.edu
- Home - BLM GLO Records U.S. Department of the Interior - Bureau of Land Management logo, Bureau of Land Land patent and survey records will be inaccessible during this time.
- General Patent Corporation Intl. - About Us - Management Team Prior to establishing GPC in 1989, Dr. Poltorak was the president of Poltorak Associates Inc., an IP management consulting and patent licensing firm,
- Blackboard Sues for Course Management Patent Infringement Original Message ——– Subject: [IP] Blackboard Inc. files first course management patent suit Date: Thu, 3 Aug 2006 07:55:11 -0400 From: David Farber
- Orange Book Blog: ACI's Pharma/Biotech Industry Forum on Patent American Conference Institute will present its "Pharma/Biotech Industry Forum on Patent Portfolio Management" conference in New York City on February 27-28,
- Continuous play background music system - US Patent 5726909 Continuous play background music system - US Patent 5726909 from Patent Storm. A continuous play broadcast system having a central computer with a master
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INPADOC, which stands for International Patent Documentation Center, is an international patent collection. The database is produced and maintained by the European Patent Office (EPO). It contains patent families and legal status information, and is updated weekly.
INPADOC was founded by the World Intellectual Property Organization (WIPO) and the government of Austria under an agreement on May 2 1972. A little less than twenty years later, on January 1 1990, it was integrated into the European Patent Office. An EPO sub-office was then created in Vienna, Austria.
The INPADOC database, which is publicly accessible, provides information about patent families, i.e. corresponding patent applications, i.e., patent applications in different countries which claim the same priority and which normally disclose the same invention. It also provides information concerning the legal status of patent applications and patents in those countries which report status changes.
See also
- esp@cenet
- International Patent Classification
- Patent classification
External links
- INPADOC page on the EPO web site
References
A patent family is all the patents and patent applications resulting from a specific patent application.
Generally, a patent application for an invention is originally filed in one country. Sometimes that original patent application is the basis for filing patent applications in several other countries (see also right of priority). Each of these new patent applications can become the basis for filing subsequent patent applications. A single patent occasionally results in many, many patents throughout the world.
When one patent application results in several patents in many different countries, all of the patents and applications associated with the original patent application is called the patent family.
See also
- Continuing patent application
- Triadic patent
References
In most patent laws, unity of invention is a formal administrative requirement that must be met by a patent application in order to proceed to grant. Basically a patent application can relate only to one invention or a group of closely related inventions. The purpose of this provision is administrative, and in particular financial, i.e. it serves to limit the possibility to file one patent application for several inventions while paying only one set of fees (filing fee, search fee, examination fee, renewal fees and so on). Unity of invention also makes the classification of patent documents easier.
When a patent application is objected to on the ground of a lack of unity, patent protection is not ruled out, as it would be the case if the invention was found to be lacking novelty. A divisional application can usually be filed for the second invention, and for the further inventions if any. Alternatively, a patent prosecutor may make a technical argument that there is unity of invention to overcome the objection.
Jurisdictions
European Patent Convention
Under European patent practice and case law, lack of unity (of invention) can appear either “a priori“, i.e. before taking into account the prior art, or “a posteriori“, i.e. after having taken into account the prior art. An a posteriori lack of unity usually results from a lack of novelty or inventive step of the subject-matter of one independent claim.
United States
In U.S. patent law, applications that claim more than one distinct invention may be subject to restriction to a single invention with the right to prosecute the remaining invention(s) being preserved through the right to file a divisional application(s). A “restriction requirement” will typically present the different inventions based on the claims within the application and the applicant may elect which invention to prosecute.
See also
- Patentability
- Novelty
- Inventive step and non-obviousness
- Industrial application
- Sufficiency of disclosure
External links
- European Patent Convention (EPC)
- Title 35 of the United States Code (35 U.S.C.)
- 35 U.S.C. §121: Divisional applications
References
Jan Krasiński
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Krasiński
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Ślepowron
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Michał Krasiński
Aleksandra Załuska
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Antonina Czacka
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with Antonina Czacka
Wincenty Krasiński
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April 5, 1756
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November 24, 1790
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Jan Krasiński (1756-1790) was a Polish nobleman (szlachcic).
Jan became starost of Opiniogóra in 1774 and Rotmistrz of National cavalry. His grandson Zygmunt Krasiński, became one of Poland’s greatest romantic poets.
References
Cornales is an order of flowering plants, basal among the asterids, which are part of the core eudicots. APG includes the following families:
- Family Cornaceae (dogwood family)
- Family Nyssaceae (tupelo family)
- Family Hydrangeaceae (hydrangea family)
- Family Loasaceae (stickleaf family)
- Family Hydrostachyaceae
- Family Curtisiaceae (cape lancewood)
- Family Grubbiaceae (sillyberry family)
Under the Cronquist system the order instead comprised the families Cornaceae, Garryaceae, and Alangiaceae, and was placed among the Rosidae.
References
Hymen L. Lipman is credited with registering the first patent for a pencil with an attached eraser on March 30, 1858 ().
In 1862 Lipman sold his patent to Joseph Reckendorfer for $100,000, who went to sue the pencil manufacturer Faber for infringement Petroski, Henry (1990). The Pencil: A History of Design and Circumstance. New York: Alfred A. Knopf. ISBN 0-394-57422-2; ISBN 0-679-73415-5, page 171. In 1875 the Supreme Court of the United States ruled against Reckendorfer declaring the patent invalid because his invention was actually a combination of two already known things with no new usehttp://supreme.justia.com/us/92/347/case.html Reckendorfer v. Faber 92 U.S. 347 (1875).
References
References
The Institute of Professional Representatives before the European Patent Office or European Patent Institute (epi) is a professional association of European patent attorneys and an international non-governmental public law corporation. It was founded on October 21 1977 by the Administrative Council of the European Patent Organisation. Article 134(8)(b) of the European Patent Convention (EPC), signed at Munich, Germany on October 5, 1973. All European patent attorneys, i.e. all persons entitled to act as professional representatives before the EPO (by virtue of either the European qualifying examination or the provisions of Article 163, paragraph 7 EPC), are members of the Institute. Article 5(1) of the Regulation on the establishment of an institute of professional representatives before the European Patent Office, OJ 1997, 350 with corrections according to OJ 1997, 130, OJ 2002, 429 and OJ 2004, 361.
The European Patent Institute publishes a quarterly journal, the epi Information (). The current president of the European Patent Institute is Chris P. Mercer. European Patent Institute web site, Board Members, retrieved on July 12, 2006.
See also
- Intellectual property organization
References
External links
- Official web page
- epi Information
- Current issue
- Archive issues, since 1999
References
- FindLaw's Legal Technology Center - Software Patent and Trademark Management Software Products. Help | Site Map | Contact Us | Media Kit | About Us | Disclaimer | Privacy Policy
- Technology - Patent & Trademark Management System | Thompson Hine LLP Thompson Hine offers technology toolkits for our clients and lawyers. Our client toolkits include extranets, electronic invoicing, communications,
- Blackboard Sues for Course Management Patent Infringement Original Message ——– Subject: [IP] Blackboard Inc. files first course management patent suit Date: Thu, 3 Aug 2006 07:55:11 -0400 From: David Farber
- ANTITRUST, PATENT POOLS, AND THE MANAGEMENT OF UNCERTAINTY File Format: PDF/Adobe Acrobat - View as HTMLANTITRUST, PATENT POOLS, AND THE. MANAGEMENT OF UNCERTAINTY. Joshua A. Newberg*. I. INTRODUCTION. Much has been written in recent years on the role of
- CCTEC patent management For Cornell inventors, the Cornell Center for Technology, Enterprise and Commercialization helps with the complex legal details of obtaining, licensing and
- 1 Patent Portfolio Management and Technical Standard Setting: How File Format: PDF/Adobe Acrobat - View as HTMLpatent portfolio management. II. Standard Setting Cases Where Patents Have Been Involved. A number of important cases have dealt with the failure of a
- Injecting more efficacy into patent management Unomedical - find out how the patent process contributes to economic growth in Europe, meet Europe's most successful innovators, read articles on emerging
- Management Forum DRAFTING A PATENT APPLICATION FOR EUROPE AND THE USA DRAFTING A PATENT APPLICATION FOR EUROPE AND THE USA.
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- LXer: Patent Infringements: Information management system with Patent-nr, 6167394. Title, Information management system with remote access and display features. Date, 2000-12-26. Patent-holder, General Electric Company
- PUBPAT > Opsware Remote Computer Management Patent April 18, 2007: PATENT OFFICE GRANTS PUBPAT REQUEST TO REEXAMINE OPSWARE REMOTE COMPUTER MANAGEMENT PATENT: Government Agency Believes There are
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- Computer Packages Patent Management System The Computer Packages Patent Management System for corporations and law firms is the best tool on the market for the management of patent portfolios.
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- Cable management ring - Patent 20010030267 A cable management ring for managing the routing paths of electrical or communication wires, cords, cables and other elongated elements includes a pair of
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A hog oiler was a mechanical device employed on farms to be used by hogs to provide relief from insects and offer skin protection. It consisted of a reservoir to hold oil, and a means to distribute the oil onto the hog, often via grooved wheels or cylinders. Hogs seeking relief would rub up against a wheel (or cylinder) causing it to rotate and dispense oil onto their bodies.
Hog oilers were produced in a variety of designs, most made of cast iron. The era of innovation for this device was mainly the years 1913-1923; during this time some 20 patents were issued by the U.S. Patent Office.
Hog oilers are now considered desirable antiques by collectors of agricultural equipment.
External links
A few US Patents for hog oilers.
- Patent issued to E.J. Smith in 1913 for a twin wheel hog oiler.
- Patent issued to F.R. McDermond in 1916 for a “watermelon type” hog oiler.
- Patent issued to Albert A. Nasser in 1918 for an overhead tank reservoir hog oiler.
References
In patent law, a disclaimer is an amendment consisting in limiting a claim of a patent or patent application by introducing a negative technical feature. It typically consists in excluding from a general feature specific embodiments or areas. During prosecution, such amendments are sometimes made by applicants to their application, with the hope of fulfilling some patentability criteria, such as the novelty criterion.
The allowability of disclaimers is usually subject to certain conditions, which may vary from one country to another.
European Patent Office (EPO)
Under the case law of the Boards of Appeal of the EPO, disclaimers are allowed only in certain circumstances, as confirmed in G 1/03 and G 2/03 decisions.
“A disclaimer [which is not disclosed in the description] may be allowable in order to:
- restore novelty by delimiting a claim against state of the art under ;
- restore novelty by delimiting a claim against an accidental anticipation under ; an anticipation is accidental if it is so unrelated to and remote from the claimed invention that the person skilled in the art would never have taken it into consideration when making the invention; and
- disclaim subject-matter which, under Articles 52 to 57 EPC, is excluded from patentability for non-technical reasons.” [1]
References
- Guidelines for Examination in the EPO, Part C
- Chapter III, 4.12. Negative limitations (e.g. disclaimers) [2]
- Chapter VI, 5.3.11. Disclaimers not disclosed in the application as filed [3]
- Patentability of Negative Limitations at the USPTO [4]
See also
References
- Software Patent Institute Nonprofit corporation formed to provide courses and prior art about software technology to help improve the patent process.
- Inventions (Patents) A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something,
- Slashdot | Court Blocks Controversial New Patent Rules Court Blocks Controversial New Patent Rules — article related to The Courts and Patents.
- International Classifications at WIPO Entry point for information about the International Classifications at WIPO.
- Home - BLM GLO Records Land patent and survey records will be inaccessible during this time. We plan to have the new system up by Wednesday, August 22, 2007.
- United States Patent and Trademark Office Home Page The United States Patent and Trademark Office (USPTO) published a final rule notice in the Federal Register to revise the rules of practice in patent cases
- The Peer to Patent Project - Community Patent Review Click here to visit the Peer-to-Patent system status blog. Information about outages, planned downtime, release notes, and website performance data will be
- Search International Patents with PatentCafe ProSearch Semantic PatentCafe's Latent Semantic Analysis patent search workflow automation and international patent database patent search results and enables 37CFR USPTO
- The European Patent Office Homepage The official website of the European Patent Office, the patent granting authority for Europe. Consult the European Patent Convention and other legal texts,
- United States Patent: 5960411 United States Patent, 5960411. Hartman , et al. September 28, 1999 Foreign Patent Documents. 0855687 A2, Jan., 1998, EP . 0855659 A1, Jan., 1998, EP .
- No a les patents de programari! Software patents should not be legalized in the European Union. This website explains what a patent is, why software should not be patented and how current
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- FreeType and Patents There are potential patent infringement issues when using either FreeType 1 or FreeType 2 in one of your applications or libraries.
- Beware patent reform - 15 hours agoThe Patent Reform Act now up for vote in the US Se Software patent does not have a universally accepted definition. [1] One definition suggested by the Foundation for a Free Information Infrastructure is
A Patent Act is a country’s legislation that controls the use of patents. There have been numerous Patent Acts:
Canada:
Germany:
- German Patents Act (”Patentgesetz“)
United Kingdom:
- Copyright, Designs and Patents Act 1988
United States:
- Patent Act of 1790
- Patent Act of 1793
- Patent Act of 1836
- Patent Act of 1952
- Patent Reform Act of 2005 (currently pending legislation; not yet enacted)
- Patent and Trademark Law Amendments Act of 1980
References
Roussel Uclaf is a French company, headquartered in Romainville. It is involved in healthcare, agro-chemical, animal health and related fields, although in 1994, many of its non-core activities were transferred to Hoechst Schering AgrEvo GmBH in Germany.
Although it has more than 10,000 patents worldwide, Roussel Uclaf is best known for mifepristone, otherwise known by its laboratory name of RU 486. The US patent rights for this drug were donated to Population Council, Inc., a not-for-profit corporation in the USA, in 1994.
References
A dumb network is marked by using intelligent devices (i.e., PCs) at the periphery that make use of a network that does not interfere with an application’s operation. The dumb network concept is the natural outcome of the end to end principle. The Internet was originally designed to operate as a dumb network.
In some circles the dumb network is regarded as a natural culmination of technological progress in network technology. With the justification that the dumb network uniquely satisfies the requirements of the end to end principle for application creation, supporters see the dumb network as uniquely qualified for this purpose. In reality the dumb network is only one position in a continuum of network design. Its attributes are suitable for the creation of certain types of network applications but are considered deleterious for others.
A dumb network, by design, is not sensitive to the needs of applications. The dumb network model can, in some ways, allow for flexibility and ease of innovation in the development of applications that is not matched by other models.
Critics of dumb network architecture posit two arguments in favor of “intelligent” networks. The first, that certain users and transmission needs of certain applications are more important than others and thus should be granted greater network priority. An example is that of real time video applications that are more time sensitive than say, text applications. Thus video transmissions would receive network priority to prevent picture skips, while text transmissions could be delayed with few if any problems affecting its application performance. The second is that networks should be able to defend against attacks by malware and other bad actors.
Advocates of dumb networks counter the first argument by pointing out that prioritizing network traffic is very expensive, both in monetary and network performance terms; also, advocates consider this a bandwidth problem and not a network protocol issue. The security argument is that malware is an end-to-end problem and thus should be dealt with at the endpoints, and that attempting to adapt the network to counter attacks is both cumbersome, inefficient.
The dumb network (and the end to end principle) was conceived of as an antithesis to the idea of a centralized intelligent computer network in which all applications were under central network control. A synthesis is taking place in the concept application aware networks or as they are sometimes called context aware networks. These networks allow intelligent devices to set up end to end applications as in the dumb network. However they are aware of application needs and in the social and enterprise context in which the applications are being used. Thus the network can make decisions on resource allocation conflicts in light of the collective needs of all users and the purposes (social and enterprise) that guide them.
References
Hymen L. Lipman is credited with registering the first patent for a pencil with an attached eraser on March 30, 1858 ().
In 1862 Lipman sold his patent to Joseph Reckendorfer for $100,000, who went to sue the pencil manufacturer Faber for infringement Petroski, Henry (1990). The Pencil: A History of Design and Circumstance. New York: Alfred A. Knopf. ISBN 0-394-57422-2; ISBN 0-679-73415-5, page 171. In 1875 the Supreme Court of the United States ruled against Reckendorfer declaring the patent invalid because his invention was actually a combination of two already known things with no new usehttp://supreme.justia.com/us/92/347/case.html Reckendorfer v. Faber 92 U.S. 347 (1875).
References
References
Johan van Benthem may refer to:
- the first president of the European Patent Office, Johannes Bob van Benthem
- a Dutch professor of logic, Johannes Franciscus Abraham Karel van Benthem
References
Athalite is claimed by its manufacturer to be a proprietary material used in the tips of the ColdHeat soldering tool. The name is derived from “Accelerated THermal Action”. It is a composite material and it is highly malleable. [1] However, the material is very fragile.
The manufacturer claims a trademark on the name.
Composition of Athalite
Athalite is most likely composed of graphite. It might also be formed by other materials containing semiconductive elements such as germanium or silicon, as stated in the ColdHeat patent application. A nickel-chromium or other resistive alloy is another possibility listed in the application, but is unlikely to have been used. US Patent No. 6,646,228
External links
- Official website
- US Patent No. 6,646,228
- US Patent No. 6,797,924
- US Patent No. 6,831,252
References
A world clock is a clock which displays time from around the world. The clock face can be multiple round analog clocks with moving hands or digital clocks with numeric readouts. Each clock is labeled with the name of a major city or time zone in the world. It could also be a picture map of the world with light projection representing daytime.
External Links
- World Clock requires Flash and displays world demographic estimates
- World Clock Information displays the date and time for over 250 cities on a world map
- The World Clock - Time Zones, Current local times around the world. Includes Personal World Clock - shows just the cities you need.
- gChart World Running Clock on Google Map - Current local times around the world in real-time running clock by a single click on Google world map.
- World Clock - Current Local Times continously updating times for major world cities
References
- Technology - Patent & Trademark Management System | Thompson Hine LLP Thompson Hine offers technology toolkits for our clients and lawyers. Our client toolkits include extranets, electronic invoicing, communications,
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- Home - BLM GLO Records U.S. Department of the Interior - Bureau of Land Management logo, Bureau of Land Land patent and survey records will be inaccessible during this time.
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