Feb 22, 2010 09:51
14 yrs ago
6 viewers *
German term

allgemeines Fachwissen

German to English Law/Patents Law: Patents, Trademarks, Copyright
Sie (Die Hilfskriterien) können lediglich im Einzelfall Anlass geben, die im Stand der Technik bekannten Lösungen besonders kritisch daraufhin zu überprüfen, ob sie vor dem Hintergrund des allgemeinen Fachwissens hinreichende Anhaltspunkte für ein Naheliegen des Gegenstands der Erfindung bieten.
General specialist knowledge simply sounds contradictory. The term comes up regularly in the field of patent law but I have yet to find an acceptable solution.
Any suggestions?

Proposed translations

1 day 2 hrs
Selected

common general knowledge (in the art)

You may not like the term "common general knowledge" and I do agree with both you and Emma that the German version is clearer and more transparent, but this really is the term generally used in, among others, European, UK and Australian patent law for this legal concept (although patent agents and courts still argue constantly about its precise definition). "In the art" covers the "Fach" part, but is frequently omitted (though still implied or understood) in English. There is even a standard abbreviation "cgk". It is possible to find lots of references to this in, e.g. decisions by the UK Patent Office, documents written by patent agents, etc. Here are just a few examples:

the invention claimed was not patentable because it was not new and/or lacked inventive step “having regard to the teaching of GB1298957 et seq and the common general knowledge in the art”; and
http://www.ipo.gov.uk/patent/p-decisionmaking/p-challenge/p-...

Common general knowledge (“CGK”)
17. Although objections sometimes referred to CGK, it was rarely explicitly defined nor was it explained how or why the skilled worker could be considered to have that CGK.
http://www.ipo.gov.uk/report-inventive.pdf

Common general knowledge
Warren J. considered the topic of common general knowledge in some detail. It was important to differentiate between matter which was in the public domain at the priority date of the patent and matter which can be properly regarded as common general knowledge. Common general knowledge means the information which at the date of the patent is known and accepted without question by the skilled person in the art. Evidence that a fact was known, or even well-known to a witness does not mean it is common general knowledge. A piece of information in a scientific paper does not become common general knowledge because it is widely read but nor is it necessary to show that the information is known in the sense that it has been memorised by the skilled person. Material which is known to exist and to which the skilled person would refer to as a matter of course, even if he cannot remember it, and which he understands is generally regarded as sufficiently reliable to use as a foundation for further work or to help understand the pleaded prior art is part of the common general knowledge.
http://209.85.229.132/search?q=cache:FNtPFdwVSdUJ:www.twobir...

The common general knowledge
General principles
It is important to have a clear understanding of the meaning of the common general knowledge. (et seq.)
http://www.bailii.org/ew/cases/EWHC/Patents/2008/2413.html

PS Although the EPO Guidelines quoted by Emma use "common general knowledge" throughout, there is actually one instance of the use of "general technical knowledge" (see C III 4.3 (ii)):
http://www.epo.org/patents/law/legal-texts/html/guiex/e/c_ii...
http://www.epo.org/patents/law/legal-texts/html/guiex/d/c_ii...



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Note added at 1 day23 hrs (2010-02-24 09:20:40 GMT) Post-grading
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Thanks, David - happy to have helped!
Note from asker:
While I am convinced that you are absolutely correct here, I can't really bring myself to use common general knowledge since, as you yourself say, the German is more transparent and seems to be in contradiction (Fach v. general) with the English. However, I will point the issue out to my client, who is usually fully up to date with this sort of thing.
I have checked with my client, who agrees that your sources are so authoritative that this is the term to be used. Thanks very much indeed for your extremely useful reply!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks again!"
+8
3 mins

general technical knowledge

This is what I usually use.

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Note added at 9 mins (2010-02-22 10:01:05 GMT)
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Looking at the EPO website, their preferred translation of this term appears to be "common general knowledge". However, "common" sounds to me like the knowledge is known to everyone, including laymen, whereas the German implies it is known only to those skilled in the art.

http://www.epo.org/patents/law/legal-texts/html/guiex/d/c_ii...

http://www.epo.org/patents/law/legal-texts/html/guiex/e/c_ii...
Note from asker:
I like "technical" for Fach.. Thanks ever so much.
I agree, the EPO term does not convey the right impression at all - since general knowledge is almost the opposite of Fachwissen. I'll stick with your general technical knowledge!
Until I got the suggestion by Alison I was convinced this was correct, but Alison's sources were simply too convincing. Thanks anyway, however.
Peer comment(s):

agree Monika Elisabeth Sieger
0 min
agree Steffen Walter
1 min
agree Rosa Foyle
7 mins
agree Nicole Schnell
9 mins
agree Rob Edwards : definitely
31 mins
agree Derek Gill Franßen
42 mins
agree writeaway
1 hr
agree Bianca Jacobsohn
2 hrs
Something went wrong...
+1
5 hrs

general expertise

this might work as an alternative
Note from asker:
Hi Catriona - I still think i prefer general technical knowledge, though of course I do bow to your knowledge in this field!
Peer comment(s):

agree Sebastian Witte
2 hrs
Something went wrong...
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