C Glossary of patent law terms

1 c

1.1 catch , release
1.2 chapter i
1.3 chapter ii
1.4 claim
1.5 clearance search , opinion
1.6 common general knowledge
1.7 compulsory license
1.8 continuing application
1.9 contribution approach
1.10 contributory infringement

c
catch , release

the practice of patent holding company buying patent, offering license members , selling or donating patent after period of time.

chapter i

in patent cooperation treaty (pct), chapter refers prosecution procedure when no demand under article 31 pct made. states selected under chapter applicant called designated states .

chapter ii

in pct, chapter ii refers prosecution procedure when demand under article 31 pct made. international preliminary examination conducted in case. demand indicates contracting state or states in applicant intends use results of international preliminary examination ( elected states ).

claim

a noun phrase defining extent of protection conferred patent, or extent of protection sought in patent application.

clearance search , opinion

a search done on issued patents or on pending patent applications determine if product or process infringes of claims of issued patents or pending patent applications. these searches , opinions called freedom-to-operate searches , opinions. see patent infringement.

common general knowledge

a legal concept used notably when assessing whether invention involves inventive step , whether disclosure of invention sufficiently clear , complete skilled person in art able carry out invention. common general knowledge common knowledge in field invention relates. information must known , regarded basis further action bulk of engaged in art before becomes part of common stock of knowledge relating art, , part of common general knowledge.

regarding inventive step assessment, [if] information part of common general knowledge forms part of stock of knowledge inform , guide skilled person s approach problem outset. may, example, affect steps obvious him take, including nature , extent of literature search.

under european practice, common general knowledge of person skilled in art is, general rule, established on basis of encyclopaedias, textbooks , . exceptionally however, common general knowledge may established on basis of content of patent specifications , in particular when series of patent specifications provides consistent picture particular technical procedure known , belonged common general knowledge in art @ relevant date .

compulsory license

using compulsory licenses, government may force patent proprietor grant use state or others. usually, holder receive royalties, either set law or determined through form of arbitration.

continuing application

in united states law, active patent application, prior final action, may give rise additional applications additional claims carrying priority date of original application. move published applications, has become common way of producing submarine patents.

contribution approach

under european patent practice, legal approach, abandoned european patent office (epo), assessing whether invention patentable. approach consisted in establishing whether contribution art made invention in field excluded patentability article 52(2) , 3) epc and, if so, application refused. epo applies named hardware or technical means approach, notably formulated in epo board of appeal decisions t 258/03 (auction method/hitachi) , t 424/03 (microsoft).

contributory infringement

a form of indirect infringement.