By Albert J. Dijkstra
Patent literature has constantly been a mine of knowledge, yet until eventually lately, it was once tricky to entry. Now, with the web, entry to all patent records is nearly on the spot and loose. despite the fact that, examining the technical details supplied by means of patent literature calls for a undeniable ability. This monograph goals to supply that ability via explaining patent jargon and supplying heritage info on patenting.
Patents facing fit for human consumption oil processing are used to provide an explanation for numerous elements of patenting. To make the reasons much less impersonal, a few were larded with own feedback and stories. therefore, this monograph is meant for scientists and engineers facing safe to eat oils and fat who are looking to expand their assets of technical info. expectantly, it is going to encourage them to innovate, aid them to prevent duplication, and supply them with a few amusement.
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Additional resources for Edible Oil Processing from a Patent Perspective
As mentioned before, Examiners are busy people. On the whole, patent agents know when to contact the inventor or the assignee. They may do this to get technical feedback, to get further instructions, and above all, to get money. They may also do this to inform the applicant of a “notice of allowance,” which means that the Examiner has decided that a patent be granted. In the US, this notice is final. In Europe, on the other hand, the granted patent, which will be published as a B1 document, has a little notice at the bottom of the front page: Note: Within nine months of the publication of the mention of the grant of the European patent in the European Patent Bulletin, any person may give notice to the European Patent Office of opposition to that patent in accordance with the Implementing Regulations.
If you then face an infringement action, you can claim prior use if this document was deposited before the priority date of the patent you are accused of infringing. However, this prior use only entitles you to continue doing what you described. If there have been improvements you did not describe, you may not use them, and if you increased the capacity of your plant since you deposited your description, the prior use limits you to the scale you described. I fear that in practice, this prior use is pretty useless and I have regularly advised clients against relying on it.
If there have been improvements you did not describe, you may not use them, and if you increased the capacity of your plant since you deposited your description, the prior use limits you to the scale you described. I fear that in practice, this prior use is pretty useless and I have regularly advised clients against relying on it. In fact, the risk that somebody else obtains a patent for what you are doing and want to continue doing is a very strong and often compelling reason to apply for a patent yourself.