Copyright. 1. The quality or state of being the product of independent creation and having a minimum degree of creativity. • Originality is a requirement for copyright protection. But this is a lesser standard than that of novelty in patent law: to be original, a work does not have to be novel or unique. Cf. […]
anticipation of device (专利法)发明的在先公开 在美国专利法中，当发生争议的发明完成时，已有相同的或等同的技术被人使用、出版，则该发明构成在先公开，从而该发明丧失其可获专利的实质性要件——新颖性〔novelty〕。 (→anticipation; novelty)
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A patent covering a function or a major technological advance never before performed, a wholly novel device, or subject matter of such novelty and importance as to mark a distinct step in the progress of the art, as distinguished from a mere improvement or perfection of what had gone before. • Under U.S. law, the
patentability conditions 授予专利(权)的条件 指授予专利权的实质性条件，如新颖性、实用性、非显而易见性等，只有全部具备这些条件方能获得专利权。在美国，授予专利权的条件还包括发明人身份〔inventorship〕，即专利申请人必须是发明人或在其死亡或无能力时的合法代表人。 (→novelty; utility; patent)
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lodestar. 1. A guiding star; an inspiration or model. 2. A reasonable amount of attorney’s fees in a given case, usu. calculated by multiplying a reasonable number of hours worked by the prevailing hourly rate in the community for similar work, and often considering such additional factors as the degree of skill and difficulty involved
nonobviousness. Patents. 1. An invention’s quality of being sufficiently different from the prior art that, at the time the invention was made, it would not have been obvious to a person having ordinary skill in the art relevant to the invention. 2. The requirement that this quality must be demonstrated for an invention to be
anticipation. 1. The distribution or receipt of trust income before it is due. 2. Patents. The prior invention or disclosure of the claimed invention by another, or the inventor’s own disclosure of the claimed invention by publication, sale, or offer to sell if that disclosure predates the date of the patent-application filing by more than
abstract, n. 1. A concise statement of a text, esp. of a legal document; a summary. See ABSTRACT OF JUDG-MENT; ABSTRACT OF TITLE. 2. Patents. A one-paragraph summary of an invention’s design and function, including its nature, structure, purpose, and novelty. • The abstract is a required part of a patent application, and also appears
Patent Act of 1793. Hist. An early U.S. patent law that (1) abandoned the examination process in favor of simple registration; (2) established the infringement defenses of invalidity for lack of novelty or public use; and (3) articulated the four categories of patentable subject matter as machine, manufacture, composition of matter, and art (now called
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originality n. 独创性 在版权法中，指作品获得版权保护的条件，亦即该作品是由作者独立创作完成的，并且至少具有最低程度的创造性〔creativity〕。美国最高法院在1991年的法伊斯特案〔Feist〕案中认为，「独创性」的宪法性要件中还应包括「创造性」这一独立要件，但这种「创造性的程度是非常低的，甚至只要有一丁点就足矣…」。作为作品保护要件的独创性，不同于专利法中的新颖性〔novelty〕标准。如果两个以上的作品在实体内容上同一，但它们是由各自作者独立创作的，那么就没有理由认为不能存在两个有效的版权。 (→novelty; copyright)