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17 Aug 2006, 2:18 pm
As a consequence of some of the linguistic formulations that appear in the Federal Circuit case law, the requirement that prior art make apparent the arrangement of disparate sources and teachings has come to be known as the "suggestion test" or the requirement that the prior art provide a "teaching, suggestion, or motivation" to collect and combine disparate sources of prior art information. [read post]
30 Oct 2015, 11:45 am by Gene Quinn
The America Invents Act (AIA) changed a great many things relating to patent law, dramatically changing the definition of what is prior art. [read post]
30 Oct 2018, 1:58 am by Simon Holzer
At least a part of the legal doctrine in the EU advocates that the list of nullity grounds in Art. 15 SPC Regulation is not exhaustive and an SPC should be declared invalid if it was granted by violating any provision of patent law or procedural law (see for example Brückner, ESZ/SPC, 2nd edition, Art. 15 para. 45 et seqq.). [read post]
30 Jan 2021, 4:56 am by Sophia Tang
Otherwise, the Chinese party may be warned, ordered to rectify or fined (Art. 13). [read post]
27 Dec 2007, 6:59 am
The system will also allow a variety of participation options, with a varying level of commitment, including "rating patent claims, submitting examples of prior art, commenting on prior art submissions, ranking prior art submissions, and rating other contributors. [read post]
18 Jul 2010, 9:43 pm
Join us to learn about the law surrounding cultural property and heritage! [read post]
23 Feb 2018, 1:21 am by ELLIOT GOLD
This appears to set the threshold for a breach of art 3 relatively highly and certainly higher than in a common-law negligence action. [read post]
26 Jan 2010, 9:40 am by Lawrence Solum
At the same time, I recognized that, as times change, the law too must change, and I contended that it would be inadvisable to exclude computer and business-related art from the scope of patentable subject matter altogether. [read post]
20 Jun 2013, 5:01 pm by oliver randl
However, the cited evidence does not have to be filed within the TFO; according to the established case law, it can still be filed at a later time (see e.g. [read post]
21 Aug 2017, 11:20 pm by Roel van Woudenberg
The Case Law Book (8th edition, July 2016) provides in section I.C.2.8.5 "Proof of common general knowledge": "Where an assertion that something is common general knowledge is challenged, the person making the assertion must provide proof that the subject-matter in question is in fact common general knowledge (T 438/97, T 329/04, T 941/04, T 690/06). [read post]
15 Jul 2009, 2:28 pm
Patent law's "person having ordinary skill in the art" (PHOSITA), like tort law's "reasonable person," is a legal fiction, intended to represent the current level of skill of people currently practicing in a particular technological field (art). [read post]
28 Oct 2022, 6:05 am by Balakrishnan Rajagopal
The destruction of the home would thus constitute a grave breach of the Geneva Conventions (Fourth Geneva Convention, art. 147) and the Protocol Additional thereto (art. 85 (3) and (4)) as well as a war crime under several provisions of the Rome Statute (e.g. art. 8(2)(a)(iv) and art. 8(2)(b)(ii)). [read post]
17 Nov 2017, 8:58 am
  To do so, certain conditions have to be satisfied, but if you meet them you can claim an earlier priority date, with the benefit that you kick out a bunch of often unhelpful later dated prior art. [read post]
31 Oct 2017, 6:39 pm
This managerial element then radiates outward (e.g., art. 34).It is from these amendments and resolutions that law, policy, economics and politics are ordered and legitimated. [read post]
11 Apr 2008, 1:09 pm
Garner, editor in chief of Black's Law Dictionary ®, are respected inside and outside legal circles for their practical guidance on the art of writing and advocacy. [read post]