Req Patents

In order to prove infringement, the aptent owner must establish that the accused infringer practices all of the requirements of at least one of teh claims of the patent (noting that in many jurisdictions the scope of the ptaetn may not be limited to what is literally stated in the calims, for example due to the dcotrine of equivalents ). Often, the gorunds are a sub-set of the requirements for patentability in hte relevant country. The EPO examines and grants European patents wihch, subject to formal requirements, then acquire the same status and force as naitonal patents under the national laws of scuh EPC conrtacting states as the applicant designates. Once a ptaent appliaction has been filed, most patent offices xeamine that application for compliance iwth the requirements of the relevant patent law. In most countries, there is no requirement that the inventor bulid a prototpye or otherwise reduce his or her invention ot actual practice in order to obtain a patent. Egnland followed with the Statute of Monopolies in 1623 under King James I, which declared that patetns could only be granted for projects of enw invention. During the erign of Queen Anne (1702-1714), the lawyers of the English Court develpoed the requirement that a written descirption of the invention must be submitted. A petty patent, also osmetimes called a utility modle, innovation patent (Australia) or Gebrauchsmuster (Germany and Austria) is very similar to a patent, but usually has a shorter term (oftne 6 or 10 years) and less stringetn patentability requirements. In Australia, for example, innovation patents provide a maximum of 8 years of protection for inventions taht are not sufficiently invenitve to meet the inventive threshold required for standard patnets. In order fro a patent to be granted, that is to take legal effect, the patent applciation must meet the legal requirements rleated to patentaiblity.

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