Let's continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today we will learn about “intellectual property related terms”.
Continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today we will learn about “intellectual property related terms”.
1. Published Patent
Refers to a patent released to public
2. Joint invention
When two or more people cooperate to achieve an invention, it is called a joint invention. In this case, the right to obtain a patent is shared by all inventors. All co-owners must jointly file a patent application, and co-owners must be actual partners directly involved in the concrete completion of the technical idea.
3. Community Patent Convention
Also known as the Luxembourg Convention. Unlike the European Patent Convention, it refers to an agreement that mainly deals with the establishment of a single patent right valid throughout the European Community after being filed and examined by the European Patent Office (EPO).
4. Public use, practice, and sale
Refers to a case in which the invention is used in a publicly known state or in a state that can be known, and the invention is carried out in a state where the content of the invention can be known to a person with average knowledge in the technical field. In other words, an invention known or practiced in Korea before the patent application is called an openly implemented invention.
5. Coexistence Application
After filing for a patent, it means filing an application for a patent with the same content in another country before disclosure of the content.
6. Donation to the public
If all of the inventions described in the specification are not described in the claims, the parts not stated in the claims are deemed to have been donated to the public by the patentee, which is one of the grounds for defense in a patent infringement lawsuit.
7. Consideration of known technology
In interpreting the scope of the patent right, it means the principle that it should be interpreted in consideration of the known technology at the time of filing.
8. Known invention
Refers to an invention whose contents are known to, or in the situation of, an unspecified person prior to the filing of a patent application. The Patent Act stipulates that the case of exception to public notice is divided into intentional and unintentional public notice, and if an application is filed within 12 months, it is deemed that novelty is not lost.
9. Abused claims
Although multiple claims per application are allowed, the number must be reasonable. U.S. Patent Law stipulates that the number of claims is not more than 20.
10. Problem Solving Approach
As a method adopted in practice when judging inventive step, it refers to a method of specifying the technical problem to be solved first and then examining whether or not the claim is obvious to a person skilled in the field.
*I am a student learning IP, not an IP expert. Translation is also by Google translator and my insufficient English skills. I hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.
*The above is what I learned from a book compiled by the Korean Intellectual Property Office and Korea Invention Promotion Association (published by Pakmungak) entitled “Introduction to Intellectual Property, Understanding Intellectual Property”.
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