FACTOID # 120: Nepal’s flag isn’t square or rectangular. It’s a double triangle.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Unity of invention

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. A patent is a set of exclusive rights granted by a government to an inventor or applicant for a limited amount of time (normally maximum 20 years from the filing date, depending on extension). ... Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... A patent application is a request filed before a patent office in which an applicant applies for a patent for an invention. ... In music, an invention is a short composition with two or three part counterpoint. ...


At least 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. The European Patent Convention (EPC) or Convention on the Grant of European Patents of 5 October 1973 is a legal text instituting the European Patent Organisation and the system according to which European patents are granted. ... Case law - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ... A priori is a Latin phrase meaning from the former or less literally before experience. In much of the modern Western tradition, the term a priori is considered to mean propositional knowledge that can be had without, or prior to, experience. ... Prior art or state of the art is all information that has been disclosed to the public in any form before a given date. ... Empirical or a posteriori knowledge is propositional knowledge obtained by experience. ... Novelty is a patentability test, according to which an invention is not patentable if it was already known before the date of filing, or before the date of priority if a priority is claimed, of the patent application. ... The inventive step is a patentability requirement present in most European patent laws, and in particular in the European Patent Convention (EPC). ... Patent claims define the extent of the protection conferred by a patent, in technical terms. ...


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. A continuing patent application is a patent application which follows an original patent application. ...


See also

The patentability comprises the conditions that must be met for an invention to be granted a patent, and by extension it also refers to the substantive conditions that must be met for a patent to be held valid. ... Novelty is a patentability test, according to which an invention is not patentable if it was already known before the date of filing, or before the date of priority if a priority is claimed, of the patent application. ... The inventive step is a patentability requirement present in most European patent laws, and in particular in the European Patent Convention (EPC). ... Sufficiency of disclosure refers to the legal requirement that the description of an invention in a patent contain specific information about the invention. ...

External links

  • Article 82 (http://www.european-patent-office.org/legal/epc/e/ar82.html#A82), Rule 29 (http://www.european-patent-office.org/legal/epc/e/r29.html#R29) and Rule 30 (http://www.european-patent-office.org/legal/epc/e/r30.html#R30) of the European Patent Convention (EPC)

  Results from FactBites:
 
1850 Unity of Invention Before the International Searching Authority [R-5] - 1800 Patent Cooperation Treaty (6240 words)
Where a group of inventions is claimed in one and the same international application, the requirement of unity of invention referred to in Rule 13.1 shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features.
The categories of invention in former PCT Rule 13.2 have been replaced with a statement describing the method for determining whether the requirement of unity of invention is satisfied.
Unity of invention has to be considered in the first place only in relation to the independent claims in an international application and not the dependent claims.
Patent (2310 words)
In order to exclude someone from using your invention in a court you will have to demonstrate to the court that what the other person is using is identical to the claimed invention.
Unity of invention, since each patent application can only be for one invention.
An invention is not novel if there is a previously existing or divulged device or process that includes all of the essential features of the claimed invention.
  More results at FactBites »


 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments
Please enter the 5-letter protection code

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.