This is a presentation on Patents and Designs delivered to the Cowichan Valley Bar Association - providing information corporate lawyers should know in order to advise their clients.
U.S. Patent Reform 2011: America Invents ActMintz Levin
The document summarizes key changes to patent law and procedures introduced by the America Invents Act of 2011. It discusses revisions to standards for prior art and moving to a first-to-file system. The grace period for public disclosures is now limited to those by the inventor or derived from the inventor. Procedures for post-issuance review like inter partes review and post-grant review were established. Litigation changes include the best mode requirement and new rules for venue and joinder.
This document designates the United States Postal Service facility located at 216 Westwood Avenue in Westwood, New Jersey as the "Sergeant Christopher R. Hrbek Post Office Building". It passed the House of Representatives on March 15-16, 2010 and the Senate on May 25, 2010. Any references to the facility in laws, maps, regulations, documents, papers, or other records must now refer to it as the "Sergeant Christopher R. Hrbek Post Office Building".
This document provides resources for researching Australian criminal law, including books on criminal investigation procedures in Victoria, the principles of criminal law, relevant legislation such as the Control of Weapons Act 1990 and the Charter of Human Rights and Responsibilities 2006. It also lists important court cases, looseleaf services, and databases for finding journal articles and news sources, concluding with a reference to the Australian Guide to Legal Citation.
1. Foto-foto tersebut menggambarkan berbagai peristiwa penting dalam sejarah dunia yang diabadikan melalui kamera;
2. Beberapa diantaranya mempengaruhi persepsi masyarakat terhadap berbagai isu sosial politik seperti perang Vietnam dan rasisme;
3. Lainnya mengingatkan akan pentingnya pelestarian lingkungan dan kerentanan kehidupan manusia.
The document summarizes key points about securing intellectual property from a presentation given by Douglas B. Thompson. It discusses searching patent databases, protecting ideas from public disclosure, filing provisional patent applications, differences in patentability of medical procedures between the US and Canada, the "first to file" principle, and evaluating whether an invention is considered "obvious" or not. The presentation concludes with contact information for Douglas B. Thompson for any questions.
U.S. Patent Reform 2011: America Invents ActMintz Levin
The document summarizes key changes to patent law and procedures introduced by the America Invents Act of 2011. It discusses revisions to standards for prior art and moving to a first-to-file system. The grace period for public disclosures is now limited to those by the inventor or derived from the inventor. Procedures for post-issuance review like inter partes review and post-grant review were established. Litigation changes include the best mode requirement and new rules for venue and joinder.
This document designates the United States Postal Service facility located at 216 Westwood Avenue in Westwood, New Jersey as the "Sergeant Christopher R. Hrbek Post Office Building". It passed the House of Representatives on March 15-16, 2010 and the Senate on May 25, 2010. Any references to the facility in laws, maps, regulations, documents, papers, or other records must now refer to it as the "Sergeant Christopher R. Hrbek Post Office Building".
This document provides resources for researching Australian criminal law, including books on criminal investigation procedures in Victoria, the principles of criminal law, relevant legislation such as the Control of Weapons Act 1990 and the Charter of Human Rights and Responsibilities 2006. It also lists important court cases, looseleaf services, and databases for finding journal articles and news sources, concluding with a reference to the Australian Guide to Legal Citation.
1. Foto-foto tersebut menggambarkan berbagai peristiwa penting dalam sejarah dunia yang diabadikan melalui kamera;
2. Beberapa diantaranya mempengaruhi persepsi masyarakat terhadap berbagai isu sosial politik seperti perang Vietnam dan rasisme;
3. Lainnya mengingatkan akan pentingnya pelestarian lingkungan dan kerentanan kehidupan manusia.
The document summarizes key points about securing intellectual property from a presentation given by Douglas B. Thompson. It discusses searching patent databases, protecting ideas from public disclosure, filing provisional patent applications, differences in patentability of medical procedures between the US and Canada, the "first to file" principle, and evaluating whether an invention is considered "obvious" or not. The presentation concludes with contact information for Douglas B. Thompson for any questions.
Dokumen tersebut menjelaskan cara membuat tabel distribusi frekuensi dari data tambahan berat badan 100 ekor sapi Bali. Data dibagi ke dalam 7 interval kelas dengan lebar 5 gram/ekor/hari. Langkah-langkahnya adalah menginput data ke SPSS, mengurutkan data dari kecil ke besar, menambahkan kolom interval kelas, dan menganalisis data untuk mendapatkan tabel distribusi frekuensi dan histogram.
This document discusses various tips and potential issues related to prosecuting trademark applications. It addresses day-to-day prosecution with the Trade Marks Office, including requirements under relevant sections of trademark law. Specific examination issues covered include the use of laudatory terms, surnames, geographic significance, descriptiveness, phonetic equivalents, composite marks, scandalous terms, prior conflicts, public interest considerations, challenges from prior users, defects in applications, differences from US practice, and internet-related issues.
This document summarizes legal scenarios related to art and copyright presented by Douglas B. Thompson of Thompson Cooper at the Community Arts Council on June 29, 2016. It addresses issues such as an artist retaining copyright after selling a painting, an artist's moral rights over modifications to their work, exceptions for reproducing public sculptures or architectural works, copyright duration, the defense of independent creation against accusations of copying, and the private study exception for reproducing works to learn techniques.
Capturing ideas (an overview of copyright, patents, trademarks and designs)Thompson Cooper LLP
This presentation is to assist a person having an idea in determining whether copyright, patents, trademarks or designs should be used to protect their idea. I believe that it will become apparent that for most persons a combination of copyright, patents, trademarks and designs is required.
Not all Trademarks are capable of being protected. This presentation is intended to make you aware of the rules so that the Trademark you choose can be protected.
The document provides guidelines for standardizing quasi-judicial proceedings under Section 7A of the Employees' Provident Funds & Miscellaneous Provisions Act 1952.
The key points are:
1) Inquiries should only be initiated based on actionable information like default reports, complaints, or inspection reports.
2) Compliance functions will have separate administrative and judicial branches.
3) Standard procedures are outlined for initiating assessments, serving notices, conducting inquiries, and issuing speaking orders.
4) Assessments will aim to identify individual members, with lump sum assessments only as a last resort.
5) Inquiries will generally not exceed the previous
Color Theory Presented by Dr. Amanda Pike from The Florida Art Therapy Associ...Steve Chasens
Learn how colors affect mood, reflect your energy and help heal. Dr. Amanda Pike from the Florida Art Therapy Association explained how colors affect mood and cognition. She also provides samples of a mandala with a take home exercise.
La Unión Europea ha propuesto un nuevo paquete de sanciones contra Rusia que incluye un embargo al petróleo. El embargo prohibiría la importación de petróleo ruso a la UE y también prohibiría a los buques europeos transportar petróleo ruso a otros lugares. Sin embargo, Hungría se opone al embargo al petróleo, lo que podría retrasar la aprobación del paquete de sanciones de la UE.
Michael Perry, a Sparta, NJ, resident, is employed as a marketing professional with Clubs Galore. Alongside his work in consumer marketing, Michael Perry enjoys fountain pens and collects them in his Sparta home.
Ringkasan dokumen tersebut adalah:
1) Orf atau Sore Mouth Disease adalah infeksi viral yang disebabkan oleh Poxvirus pada domba dan kambing.
2) Virus ini menyebabkan lesi pada bibir, mulut, dan kelopak mata hewan.
3) Penularan ke manusia terjadi melalui kontak langsung dengan lesi pada hewan.
Dokumen ini membahas tentang kelembaban udara, termasuk pengertian, macam-macam, rumus, contoh soal, alat ukur, dan faktor-faktor yang mempengaruhinya. Kelembaban udara adalah tingkat kebasahan udara akibat kandungan uap air, dan dapat diukur menggunakan alat higrometer. Ada dua macam kelembaban yaitu relatif dan mutlak.
Patent Term Adjustment (PTA) provides additional time to a patent term to compensate patent holders for certain delays introduced by the USPTO during patent prosecution. PTA is calculated based on three types of delays: A) USPTO delays in responding to filings; B) delays when prosecution exceeds three years; and C) delays due to interferences, appeals, or secrecy orders. The amount of PTA is determined by adding together delays from these types, subtracting overlapping delays or applicant-caused delays, and cannot exceed five years. Two important court cases, Wyeth v. Kappos and Novartis v. Lee, impacted PTA calculations by clarifying how the USPTO should determine
This is the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
The document discusses patent infringement in India. It defines patent infringement as the unauthorized making, using, selling, offering for sale, or importing of a patented invention within India during the term of the patent. There are different types of patent infringement, including direct infringement which involves making, using, selling, offering to sell, or importing the patented invention, and indirect infringement which can occur through inducing or contributory infringement. Inducing infringement involves actively inducing others to infringe a patent, while contributory infringement involves supplying components of a patented invention with the knowledge that they are especially made for infringing use. To determine if a patent is infringed, courts compare the claims of the patent to the accused product or process to see if all elements
The document provides an overview of U.S. patent law history and current practice. It discusses key milestones in patent law such as the first known patent granted in 1491 in Florence, the inclusion of patent rights in the U.S. Constitution, and several Patent Acts that established the U.S. patent system. It also outlines the patent application process including filing provisional and non-provisional applications, and the examination of applications under key patentability requirements like novelty and non-obviousness. Key anatomy of a patent such as the claims, drawings, and descriptions are also summarized.
The document discusses key aspects of patent law in India including definitions of patents, inventions, and prior art. It covers the patent application process, requirements for granting a patent including novelty, non-obviousness, and utility. Grounds for not granting patents are provided. The roles of provisional and complete specifications are defined. Infringement, compulsory licensing, and related procedures are also summarized.
Submarine patents refer to patents that are published long after the original application was filed. In the past, applicants for US patents could delay publication indefinitely by filing continual continuation applications. This allowed patents to "emerge" decades later, surprising competitors. Notable examples include Jerome Lemelson, who collected over $1.3 billion in royalties from submarine patents, though some were later ruled unenforceable due to unreasonable delays.
SKGF_Advisory_Real World Impacts of Reexamination Practice and Procedure_2008SterneKessler
This document discusses issues related to patent reexamination procedures and their impact on patent owners. It provides background on ex parte and inter partes reexamination procedures. It then discusses concerns about the low standard for instituting reexaminations, the impact of reexaminations on capital markets, and identifying the real party in interest in inter partes reexaminations. It proposes solutions such as increasing the standard for reexaminations involving previously litigated patents or previous reexams and keeping reexamination proceedings confidential until a final office action.
The document discusses changes to patent law brought about by the America Invents Act (AIA) and the transition to a first-inventor-to-file (FITF) system. Key changes include a one year grace period for inventors' own prior disclosures; exceptions for joint inventors and assignees of the same invention; new procedures for challenging patents; and a shift to treating unpublished patent applications as prior art. The document compares the new law to the previous first-to-invent system and discusses open questions around the patentability of secret prior art and prior user rights during challenges to a patent's validity.
This document outlines Brazil's Industrial Property Law, which regulates industrial property rights in Brazil. It covers several titles: Patents (requirements for patentability of inventions and utility models, application process, rights conferred), Industrial Designs (registration process, rights conferred), Marks (registrability, application process, rights conferred), Geographical Indications, Crimes Against Industrial Property, Technology Transfer and Franchising, General Provisions (appeals, time periods), and Transitory and Final Provisions. The law aims to protect industrial property rights in a way that considers social interest and technological/economic development in Brazil.
Dokumen tersebut menjelaskan cara membuat tabel distribusi frekuensi dari data tambahan berat badan 100 ekor sapi Bali. Data dibagi ke dalam 7 interval kelas dengan lebar 5 gram/ekor/hari. Langkah-langkahnya adalah menginput data ke SPSS, mengurutkan data dari kecil ke besar, menambahkan kolom interval kelas, dan menganalisis data untuk mendapatkan tabel distribusi frekuensi dan histogram.
This document discusses various tips and potential issues related to prosecuting trademark applications. It addresses day-to-day prosecution with the Trade Marks Office, including requirements under relevant sections of trademark law. Specific examination issues covered include the use of laudatory terms, surnames, geographic significance, descriptiveness, phonetic equivalents, composite marks, scandalous terms, prior conflicts, public interest considerations, challenges from prior users, defects in applications, differences from US practice, and internet-related issues.
This document summarizes legal scenarios related to art and copyright presented by Douglas B. Thompson of Thompson Cooper at the Community Arts Council on June 29, 2016. It addresses issues such as an artist retaining copyright after selling a painting, an artist's moral rights over modifications to their work, exceptions for reproducing public sculptures or architectural works, copyright duration, the defense of independent creation against accusations of copying, and the private study exception for reproducing works to learn techniques.
Capturing ideas (an overview of copyright, patents, trademarks and designs)Thompson Cooper LLP
This presentation is to assist a person having an idea in determining whether copyright, patents, trademarks or designs should be used to protect their idea. I believe that it will become apparent that for most persons a combination of copyright, patents, trademarks and designs is required.
Not all Trademarks are capable of being protected. This presentation is intended to make you aware of the rules so that the Trademark you choose can be protected.
The document provides guidelines for standardizing quasi-judicial proceedings under Section 7A of the Employees' Provident Funds & Miscellaneous Provisions Act 1952.
The key points are:
1) Inquiries should only be initiated based on actionable information like default reports, complaints, or inspection reports.
2) Compliance functions will have separate administrative and judicial branches.
3) Standard procedures are outlined for initiating assessments, serving notices, conducting inquiries, and issuing speaking orders.
4) Assessments will aim to identify individual members, with lump sum assessments only as a last resort.
5) Inquiries will generally not exceed the previous
Color Theory Presented by Dr. Amanda Pike from The Florida Art Therapy Associ...Steve Chasens
Learn how colors affect mood, reflect your energy and help heal. Dr. Amanda Pike from the Florida Art Therapy Association explained how colors affect mood and cognition. She also provides samples of a mandala with a take home exercise.
La Unión Europea ha propuesto un nuevo paquete de sanciones contra Rusia que incluye un embargo al petróleo. El embargo prohibiría la importación de petróleo ruso a la UE y también prohibiría a los buques europeos transportar petróleo ruso a otros lugares. Sin embargo, Hungría se opone al embargo al petróleo, lo que podría retrasar la aprobación del paquete de sanciones de la UE.
Michael Perry, a Sparta, NJ, resident, is employed as a marketing professional with Clubs Galore. Alongside his work in consumer marketing, Michael Perry enjoys fountain pens and collects them in his Sparta home.
Ringkasan dokumen tersebut adalah:
1) Orf atau Sore Mouth Disease adalah infeksi viral yang disebabkan oleh Poxvirus pada domba dan kambing.
2) Virus ini menyebabkan lesi pada bibir, mulut, dan kelopak mata hewan.
3) Penularan ke manusia terjadi melalui kontak langsung dengan lesi pada hewan.
Dokumen ini membahas tentang kelembaban udara, termasuk pengertian, macam-macam, rumus, contoh soal, alat ukur, dan faktor-faktor yang mempengaruhinya. Kelembaban udara adalah tingkat kebasahan udara akibat kandungan uap air, dan dapat diukur menggunakan alat higrometer. Ada dua macam kelembaban yaitu relatif dan mutlak.
Patent Term Adjustment (PTA) provides additional time to a patent term to compensate patent holders for certain delays introduced by the USPTO during patent prosecution. PTA is calculated based on three types of delays: A) USPTO delays in responding to filings; B) delays when prosecution exceeds three years; and C) delays due to interferences, appeals, or secrecy orders. The amount of PTA is determined by adding together delays from these types, subtracting overlapping delays or applicant-caused delays, and cannot exceed five years. Two important court cases, Wyeth v. Kappos and Novartis v. Lee, impacted PTA calculations by clarifying how the USPTO should determine
This is the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
The document discusses patent infringement in India. It defines patent infringement as the unauthorized making, using, selling, offering for sale, or importing of a patented invention within India during the term of the patent. There are different types of patent infringement, including direct infringement which involves making, using, selling, offering to sell, or importing the patented invention, and indirect infringement which can occur through inducing or contributory infringement. Inducing infringement involves actively inducing others to infringe a patent, while contributory infringement involves supplying components of a patented invention with the knowledge that they are especially made for infringing use. To determine if a patent is infringed, courts compare the claims of the patent to the accused product or process to see if all elements
The document provides an overview of U.S. patent law history and current practice. It discusses key milestones in patent law such as the first known patent granted in 1491 in Florence, the inclusion of patent rights in the U.S. Constitution, and several Patent Acts that established the U.S. patent system. It also outlines the patent application process including filing provisional and non-provisional applications, and the examination of applications under key patentability requirements like novelty and non-obviousness. Key anatomy of a patent such as the claims, drawings, and descriptions are also summarized.
The document discusses key aspects of patent law in India including definitions of patents, inventions, and prior art. It covers the patent application process, requirements for granting a patent including novelty, non-obviousness, and utility. Grounds for not granting patents are provided. The roles of provisional and complete specifications are defined. Infringement, compulsory licensing, and related procedures are also summarized.
Submarine patents refer to patents that are published long after the original application was filed. In the past, applicants for US patents could delay publication indefinitely by filing continual continuation applications. This allowed patents to "emerge" decades later, surprising competitors. Notable examples include Jerome Lemelson, who collected over $1.3 billion in royalties from submarine patents, though some were later ruled unenforceable due to unreasonable delays.
SKGF_Advisory_Real World Impacts of Reexamination Practice and Procedure_2008SterneKessler
This document discusses issues related to patent reexamination procedures and their impact on patent owners. It provides background on ex parte and inter partes reexamination procedures. It then discusses concerns about the low standard for instituting reexaminations, the impact of reexaminations on capital markets, and identifying the real party in interest in inter partes reexaminations. It proposes solutions such as increasing the standard for reexaminations involving previously litigated patents or previous reexams and keeping reexamination proceedings confidential until a final office action.
The document discusses changes to patent law brought about by the America Invents Act (AIA) and the transition to a first-inventor-to-file (FITF) system. Key changes include a one year grace period for inventors' own prior disclosures; exceptions for joint inventors and assignees of the same invention; new procedures for challenging patents; and a shift to treating unpublished patent applications as prior art. The document compares the new law to the previous first-to-invent system and discusses open questions around the patentability of secret prior art and prior user rights during challenges to a patent's validity.
This document outlines Brazil's Industrial Property Law, which regulates industrial property rights in Brazil. It covers several titles: Patents (requirements for patentability of inventions and utility models, application process, rights conferred), Industrial Designs (registration process, rights conferred), Marks (registrability, application process, rights conferred), Geographical Indications, Crimes Against Industrial Property, Technology Transfer and Franchising, General Provisions (appeals, time periods), and Transitory and Final Provisions. The law aims to protect industrial property rights in a way that considers social interest and technological/economic development in Brazil.
The document summarizes India's patent system. It outlines that intellectual property rights allow creators of intellectual property to prevent others from commercially exploiting it for a given period. India's patent system is governed by acts like the Patent Act of 1970. To be patentable, an invention must be novel, involve an inventive step, and be capable of industrial application. The stages of obtaining a patent in India include filing, formality check, publication, examination, response from applicant, and potential pre-grant opposition. If objections are overcome, a patent certificate is granted. Renewal fees must be paid to keep the patent in force for its full term.
The document discusses the Intellectual Property Appellate Board (IPAB) in India. Key points:
- IPAB was established under Section 83 of the Trade Marks Act of 1999 to hear appeals on decisions of the Registrar regarding trademarks, geographical indications, patents, and more.
- It is headquartered in Chennai and has branches in major cities across India.
- IPAB comprises a Chairman, Vice Chairman, and technical members who hear appeals on registration, removal of trademarks/agents, and other IP matters. All appeals previously filed in High Courts are now transferred to IPAB.
The document is a mock patent application form for a project on protecting distribution transformers using a microcontroller. It includes forms for the patent application, provisional specification, and a statement and undertaking. The key details are an application number, filing date, applicant and inventor names, title of invention, address for correspondence, priority details for any previous applications, required declarations and signatures, and attachments including the provisional specification and abstract. The provisional specification would include fields, objects, description, examples and unique features of the invention. This application is intended as an exercise and not for actual patent office submission.
This document discusses anticipation and revocation of patents under Indian patent law. It provides relevant sections and rules related to anticipation, which refers to when an invention is not considered novel or inventive due to being previously known. It also outlines case studies related to anticipation by prior publication or prior claiming. Additionally, it covers relevant law and cases related to revocation of patents, including situations where revocation is in the public interest or for non-working of the patent. Key learning points include what constitutes prior art, the requirements for anticipation, and who qualifies as an interested person able to request revocation.
The Tribunal was seized with requests from both parties regarding interim measures and jurisdiction. Regarding interim measures, the Tribunal ordered an expert to commence inventorying goods stored by Claimant and transferred some goods to a more suitable warehouse. The Tribunal also ordered Respondents to deposit additional funds to cover expert costs. However, the Tribunal declined to fully grant Respondents' request to transfer all goods, reserving final jurisdiction determination. The Tribunal invited both parties to submit evidence on jurisdiction by a set deadline.
The document discusses intellectual property rights and patenting processes. It provides information on different types of intellectual property including patents, designs, trademarks, and copyrights. It describes the patent application process in India, including requirements for filing a patent application, contents of a patent application, and the patent granting procedure. Key requirements for patentability discussed are that an invention must be new, non-obvious, and capable of industrial application.
The document provides an overview of the patent filing process in India. It discusses the types of patent applications that can be filed, including ordinary, convention, patent of addition, and divisional applications. The key stages of the patent process are described, including filing, publication, examination, opposition, and grant. Requirements for documents, fees, and timelines at different stages of the process are also outlined.
Meaning and definition of intellectual property.
Types of intellectual property,
Patent act of 1970 and amendments (as per WTO agreement)
Background, Object, Definition
Inventions, patentee, true and first inventor,
Procedure for grant of process and product patents,
Right to patentee, infringement, remedies
Procedures for Deposition of a Biological Sample to Overcome a 112 Enablement...Workman Nydegger
The document discusses procedures for making a biological deposit to overcome a 35 USC 112 enablement rejection from a patent examiner. It explains that a deposit can satisfy the written description and enablement requirements under 112 if access to the biological material is necessary. It provides details on following the deposit rules under 37 CFR 1.801-1.809, including depositing material before filing, using an acceptable depository, establishing viability, and including references to the deposit in the patent specification. The key steps are finding a suitable depository, depositing the material, submitting required forms to the patent office, and amending the specification.
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PATENTS & DESIGNS FOR CORPORATE LAWYERS
1. Patent & Designs for
Corporate Lawyers
Cowichan Valley Bar Associate
July 26, 2016
Douglas B. Thompson
Thompson Cooper LLP
2. Points to be covered
#1 – Time Limits for obtaining valid protection
#2 – What Design protection does & does not cover
#3 – What Patent protection does & does not cover
#4 – How Patent Claim System works
#5 – Patent Examiner’s review of claims
#6 – Limitations of Preliminary Searches
#7 – Attacks on Validity of Patent during Litigation
#8 – Difference between Patentability and Freedom to Operate
3. Time Limits for obtaining valid
Design protection
Many Countries have an “absolute” novelty requirement
Canada and the United States have a “grace period”
6. (3) The Minister shall refuse to register the design if the application
for registration is filed in Canada
(a) more than one year after the publication of the design in Canada or
elsewhere,
4. Recourse if Time Limits Missed
64 (2) Where copyright subsists in a design applied to a useful article or in an
artistic work from which the design is derived and, by or under the authority
of any person who owns the copyright in Canada or who owns the copyright
elsewhere,
(a) the article is reproduced in a quantity of more than fifty,
it shall not thereafter be an infringement of the copyright or the moral rights
for anyone
(c) to reproduce the design of the article or a design not differing
substantially from the design of the article by (i) making the article
7. What Design protection does not cover
Section 5.1 No protection afforded by this Act shall extend to
(a) features applied to a useful article that are dictated solely by a
utilitarian function of the article; or
(b) any method or principle of manufacture or construction.
8. Amendments copies to Design protection
Amendment (when comes into effect) will lengthen term of CA Design
the term limited for the duration of an exclusive right
(a) begins on the later of the date of registration of the design and the
prescribed date, referred to in subsection 8.3(1), on which the
application for the registration of the design is made available to the
public; and
(b) ends on the later of the end of 10 years after the date of
registration of the design and the end of 15 years after the filing date of
the application.
9. Time Limits for obtaining valid
Patent protection
Many Countries have an “absolute” novelty requirement
Canada and the United States have a “grace period”
28.2 (1) The subject-matter defined by a claim in an application for a
patent in Canada (the “pending application”) must not have been
disclosed
(a) more than one year before the filing date by the applicant, or by a
person who obtained knowledge, directly or indirectly, from the
applicant, in such a manner that the subject-matter became available
to the public in Canada or elsewhere;
10. What Patent protection does & does not
cover
Methods of medical treatment (Intervention Radiology)
Complex organisms (Harvard Mouse Case)
Paper schemes
Computer implemented business methods (Software alone)
Non-technical subject matter (hour glass subdivision)
11. How Patent Claim System works
1. A campfire skewer, comprising:
an elongate member having a first end, a second end, a first portion adjacent the first end, and a second portion adjacent
the second end, the first end having means for impaling food;
a hand grip rotatably mounted on the first portion of the elongate member such that by holding the hand grip and
manipulating the second portion of the elongate member, the elongate member can be made to rotate in a rotisserie-like fashion.
2. The campfire skewer of Claim 1, wherein the first portion has a first axis and the second portion is offset from the first axis.
3. The campfire skewer of Claim 1, wherein the first end of the elongate member serving as the means for impaling food is "U"
shaped.
4. The campfire skewer of Claim 1, wherein the hand grip is axially slidable along the first portion of the elongate member.
5. The campfire skewer of Claim 1, having a second hand grip rotatably mounted on the second portion of the elongate member.
13. Aug. 18, 1953 R. F. W ICKMAN
BARBEQUE ROASTER
Filed Sept. 14, 1950
2,649,042
F ig. I
14
12
13 Fig. 2
10 18 16
17
14
F
14
Fig. 3
12 10
1613
Randolph F. Wickman
INVENTOR.
14. U.S. Patent Apr. 5, 1988 Sheet 2 of 2
54
10
54
FIG. 5
12
52
30
28
I
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46
FIG. 6
40
4,734,952
30
32
15. “Obviousness” Rejection
1. A cleaning apparatus for golf clubs, comprising:
a box-like tub for holding a cleaning solution;
a pair of oppositely facing brushes situated within the tub to scrub
substantially all exposed surfaces of a golf club head inserted into the tub;
bristles having two primary lengths to accommodate and satisfactorily scrub
most different types of golf club heads; and
a flexible gasket with flaps so arranged as to retain cleaning solution within
the tub interior, yet permitting a golf club head to be passed therethrough for
insertion into or withdrawal from the tub interior.
16. “Obviousness” Rejection
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over US
4,380,839 (Caradonna) in view of US 3,583,018 (Fink) and further in
view of US 3,872,534 (Hoag).
17. U.S. Patent Apr. 26, 1983 Sheet 2 of 2 4,380,839
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INVENTOR.
lJonal<I G,Finlt
BY
ATTtJRNEY
20. Limitations of Preliminary Searches
All opinions regarding patentability are based upon search results – but
every searcher will provide slightly different bundles of patents
Computerized word searches only work if there is common terminology
Searches are directed at the “classes” most applicable to the invention,
but Examiners often pull patent reference from unrelated classes
21. Difference between Patentability and
Freedom to Operate
Just because you have a patent does not mean you are not going to
receive a “cease and desist” letter from another patent holder
Having your own patent does not protect you from infringement
22. Attacks on Validity of Patent during Litigation
If you can invalidate the other sides patent as being “obvious” or having
a defect, you don’t have to deal with the infringement issue.
Searches play a huge role in defending a patent infringement lawsuit