TRIZ is "a problem-solving, analysis and forecasting tool derived from the study of patterns of invention in the global patent literature". It was developed by the Soviet inventor and science-fiction author Genrich Altshuller (1926-1998) and his colleagues, beginning in 1946. In English the name is typically rendered as "the theory of inventive problem solving", and occasionally goes by the English acronym TIPS.
Prior art, in most systems of patent law, is constituted by all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality. If an invention has been described in the prior art or would have been obvious over what has been described in the prior art, a patent on that invention is not valid.
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be commercial to constitute patent infringement.
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent. This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of the utmost importance both during prosecution and litigation alike.
Novelty is a requirement for a patent claim to be patentable. An invention is not new and therefore not patentable if it was known to the public before the filing date of the patent application, or before its date of priority if the applicant claims priority of an earlier patent application. The purpose of the novelty requirement is to prevent prior art from being patented again.
The Trilateral Patent Offices, or simply the Trilateral Offices, are the European Patent Office (EPO), the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO). In 1983, these patent offices set up a programme of co-operation in an effort to "improve efficiency of the global patent system".
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, "[the] nonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art".
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations.
Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre-grant prosecution, which involves negotiation with a patent office for the grant of a patent, and post-grant prosecution, which involves issues such as post-grant amendment and opposition.
Espacenet is a free online service for searching patents and patent applications. Espacenet was developed by the European Patent Office (EPO) together with the member states of the European Patent Organisation. Most member states have an Espacenet service in their national language, and access to the EPO's worldwide database, most of which is in English. In 2015, the Espacenet worldwide service claimed to have records on more than 90 million patent publications.
The International Patent Classification (IPC) is a hierarchical patent classification system used in over 100 countries to classify the content of patents in a uniform manner. It was created under the Strasbourg Agreement (1971), one of a number of treaties administered by the World Intellectual Property Organization (WIPO). The classification is updated on a regular basis by a Committee of Experts, consisting of representatives of the Contracting States of that Agreement with observers from other organisations, such as the European Patent Office.
A patent classification is a system for examiners of patent offices or other people to categorize (code) documents, such as published patent applications, according to the technical features of their content. Patent classifications make it feasible to search quickly for documents about earlier disclosures similar to or related to the invention for which a patent is applied for, and to track technological trends in patent applications.
The United States Patent Classification is an official patent classification system in use and maintained by the United States Patent and Trademark Office (USPTO). It was mostly replaced by the Cooperative Patent Classification (CPC) on January 1, 2013. Plant and design patents are still classified solely within USPC at the USPTO. As of December 2018, patents at the USPTO are still routed to their appropriate business and art units by their USPC, even though it is no longer assigned directly to the patents themselves.
Free World Trust v Électro Santé Inc, [2000] 2 S.C.R. 1024, 2000 SCC 66, is a leading Supreme Court of Canada decision on patents, namely claim construction and the necessity to identify essential elements and non-essential elements. Along with the related decision, Camco v. Whirlpool (2001), 9 C.P.R. (4th) 129 (SCC), the Supreme Court of Canada rejected the doctrine of equivalents applied in the United States and adopted the doctrine of purposive construction, as originally applied by the United Kingdom House of Lords in Catnic v. Hill & Smith. This was a landmark decision as it resolved the uncertainty in Canadian case law between the two doctrines.
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the administrative and legal framework of the patent office.
This is a list of legal terms relating to patents. A patent is not a right to practice or use the invention, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or his successor in rights in exchange to a public disclosure of the invention.
The South African patent system is the system by which patents are granted in South Africa.
The Cooperative Patent Classification (CPC) is a patent classification system, which has been jointly developed by the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO). The CPC is substantially based on the previous European classification system (ECLA), which itself was a more specific and detailed version of the International Patent Classification (IPC) system.
