druckschriftlicher Stand der Technik

English translation: published prior art

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:druckschriftlicher Stand der Technik
English translation:published prior art
Entered by: Vesna Zivcic

07:57 Jul 15, 2001
German to English translations [PRO]
Law/Patents - Patents
German term or phrase: druckschriftlicher Stand der Technik
Heading in legal document concerning a patent for a medical procedure
exapno
published prior art
Explanation:
1. ... The fact remains that one of the best bets for having a patent invalidated is published
prior art that is not already cited in the patent.

2. The Richter Scale - Intellectual Property, Part 2

Once an application has been filed, a patent examiner reviews it to see if it might conflict with some "prior art". Prior art refers to other patents and published materials on the topic a patent is being sought for, as well as other products that may clearly have implemented the technology prior to the filing date of the application. There is usually at least one request by the PTO to the filer to make a change in the application because of one or several claims being too broad.

If you are threatened by patent infringement, you don't have a whole lot of choices (as the final scenario in my first IP column a couple of weeks ago indicated). Other than being able to convince the PTO to reexamine a patent (which requires lots of published prior art), the only other way to fight a patent, once it's been granted, is by spending lots of money in the courts, in addition to producing prior art (published or internal) which may help invalidate the patent.



3. ...If it is published prior art,
you can't patent it.

csf.colorado.edu/archive/2001/energy/msg00825.html
Selected response from:

Vesna Zivcic
Local time: 13:56
Grading comment
This was extremely helpful, thank you.
4 KudoZ points were awarded for this answer



Summary of answers provided
na +1published prior art
Vesna Zivcic
naPublished state of the art
Chris Koenig


  

Answers


43 mins
Published state of the art


Explanation:
Stand der Technik = state of the art or prior art
Druckschrift= Veroeffentlichung= publication

HTH
Chris

Chris Koenig
Local time: 04:56
Login to enter a peer comment (or grade)

1 hr peer agreement (net): +1
published prior art


Explanation:
1. ... The fact remains that one of the best bets for having a patent invalidated is published
prior art that is not already cited in the patent.

2. The Richter Scale - Intellectual Property, Part 2

Once an application has been filed, a patent examiner reviews it to see if it might conflict with some "prior art". Prior art refers to other patents and published materials on the topic a patent is being sought for, as well as other products that may clearly have implemented the technology prior to the filing date of the application. There is usually at least one request by the PTO to the filer to make a change in the application because of one or several claims being too broad.

If you are threatened by patent infringement, you don't have a whole lot of choices (as the final scenario in my first IP column a couple of weeks ago indicated). Other than being able to convince the PTO to reexamine a patent (which requires lots of published prior art), the only other way to fight a patent, once it's been granted, is by spending lots of money in the courts, in addition to producing prior art (published or internal) which may help invalidate the patent.



3. ...If it is published prior art,
you can't patent it.

csf.colorado.edu/archive/2001/energy/msg00825.html


    Reference: http://www.slashdot.org/articles/01/01/30/2110227.shtml
    Reference: http://www.richterscale.org/pcgr/pc940308.htm
Vesna Zivcic
Local time: 13:56
Native speaker of: Croatian
PRO pts in category: 4
Grading comment
This was extremely helpful, thank you.

Peer comments on this answer (and responses from the answerer)
agree  beermatt
10 hrs
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