Aug 3, 2013 08:25
10 yrs ago
German term

gelangt

German to English Tech/Engineering Law: Patents, Trademarks, Copyright Patent litigation
Demzufolge ***gelangt*** der Fachmann ohne erfinderischen Schritt in Ausübung der Lehre der DX zum Verfahren gemäß Anspruch Y.

Discussion

Edith Kelly Aug 3, 2013:
Fachmann man skilled in the art (even if female) and not expert skilled in the art, patent speak.
Edith Kelly Aug 3, 2013:
This is from a writ by s.o. opposing the patent or patent application. It means: No invention/inventive step is involved as any man skilled in the art simply uses the teaching of DX and inevitably arrives at the process as claimed in claim Y. I.e. the opponent denies an inventive step, rightly or wrongly so.
ViBe Aug 3, 2013:
"qualifies for" / "is eligible for..." ... the use of the (patented) process/method/practice/technique even without there being an inventive step?
Thomas Roberts Aug 3, 2013:
he uses the teachings of DX to implement claim Y and in order to do so does not require any inventive step (ergo no patent should be granted/patent is invalid)
David Moore (X) Aug 3, 2013:
succeeds in getting to/reaching?

Patents is not my line, so I'm a clittle bit puzzled by what he does when he "reaches" the Verfahren, but there you are - it's a nice idea...

Proposed translations

+5
44 mins
Selected

arrives at

a man skilled in the art arrives at the solution

this is a simple statement (whether true or not)
Peer comment(s):

agree writeaway
1 min
agree David Moore (X) : Solution = Verfahren?? Don't be surprised that I avoid patents like tha plague...// No matter, Edith, I still avoid patents!
19 mins
terribly sorry .... yes the process not the solution
agree ViBe : ... (inevitably) ends up arriving at the (same technological) process
1 hr
agree gangels (X) : perhaps "reaches"
6 hrs
agree Michael Martin, MA : Sounds like a reasonable solution.
14 hrs
Something went wrong...
3 KudoZ points awarded for this answer. Comment: "Thank you everybody"
8 mins

is able to

Accordingly, an expert skilled in the art will be able to ...
Note from asker:
will be able to arrive at?
Something went wrong...
+1
2 hrs

s. unten

I would turn it round:

Using the DX theory (theory of DX), the process according to claim Y is/will be obvious to any person skilled in the art.



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Note added at 23 hrs (2013-08-04 07:53:56 GMT)
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Even if a new invention differs in one or more ways from another patented invention, a patent may still be refused if the differences would be obvious. - See more at: http://smallbusiness.findlaw.com/intellectual-property/idea-...

obviousness too adapts itself accordingly without giving up what is characteristic of it- Change and the ability to map change.
www.atrip.org/.../THE ELUSIVE QUEST%...
Peer comment(s):

agree gangels (X) : That's best—short and sweet
4 hrs
Thanks, gangels!
agree Cilian O'Tuama : Asker does not wish to receive suggestions from the likes of us.
16 hrs
Thanks, Cilian. There's always hope.
disagree Edith Kelly : obvious in patent speak is "naheliegend", and that has a different patent speak meaning // yep, I used to know the EPC practically by heart. Though the meaning might be similar, it's not the same.
16 hrs
See http://www.ipo.gov.uk/practice-sec-003.pdf, Section 3.11. I think this applies here
Something went wrong...
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