Prior Art - Law Dictionary Search Results
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prior art : the processes, devices, and modes of achieving the end of an alleged invention that were known or knowable by due diligence before and at the date of the invention ;also : the knowledge or description of such processes, devices, or modes used chiefly in patent law ...
anticipation
anticipation : the knowledge or use of an invention in the U.S. or the patenting or describing of the invention in a publication in the U.S. or a foreign country before the discovery by a patent applicant NOTE: Case law has established that every claim or element of a claim has to be disclosed in the prior art in order for a patent application to be barred by anticipation. If an application is amended to consist of claims not disclosed in the prior art, invalidation by anticipation can be avoided. ...
obvious
obvious : easily seen, discovered, or understood ;specif : readily apparent to a person of ordinary skill in a particular art considering the scope and content of the prior art see also patent NOTE: An invention that is found to be obvious cannot be patented. ob·vi·ous·ness n ...
anticipate
anticipate -pat·ed -pat·ing 1 : to bar or invalidate (a patent) by anticipation [the patent on the compound had been anticipated by the Beilstein reference "Misani v. Ortho Pharm. Corp., 210 A.2d 609 (1965)"] 2 : to negate the novelty of (an invention) by its appearance in prior art [appeared to have anticipated a variable light makeup mirror "Wilson v. Bristol-Myers Co., 503 N.Y.S.2d 334 (1986)"] ...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Preference
Preference, means prior right, advantage, pre-cedence etc., Sher Singh v. Union of India, AIR 1984 SC 200: (1984) 1 SCC 107.The expression 'preference' amongst others means prior right, advantage, precedence etc. It signifies that other things being equal, one will have preference over the others, Sher Singh v. Union of India, AIR 1984 SC 200 (204): (1984) 1 SCC 107: (1984) 1 SCR 464. [Motor Vehicles Act, 1939, s. 47(1H)]The 'preference' envisaged in the Rules, cannot mean, an absolute en bloc preference akin to reservation or separate and distinct method of selection for them alone. A mere rule of preference meant to give weightage to the additional qualification cannot be enforced as a rule of reservation or rule of complete precedence, Andra Pradesh Public Service Commission v. Y.V.V.R. Srinivasulu, (2003) 5 SCC 341 (348): AIR 2003 SC 3961.The expression 'preference' means an equitable apportionment of vacancies reserved for backward classes, Indra Sawhney v. Union of India, AIR 199...
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
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