Glossary entry

German term or phrase:

im Prüfungsverfahren entgegengehaltene Druckschriften

English translation:

publications cited in opposition to the patent in the examination procedure

Added to glossary by Sebastian Witte
Jun 5, 2014 19:59
9 yrs ago
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German term

im Prüfungsverfahren entgegengehaltene Druckschriften

German to English Law/Patents Law: Patents, Trademarks, Copyright
"Im Prüfungsverfahren entgegengehaltene Druckschriften nach § 44 PatG:"
(from a patent specification)


Hi all,

Does anybody know what the term "entgegenhalten" means in this context? The common meaning of "entgegenhalten"doesn't make any sense here (I think), so I assume it is something like "submitted" but would like to make sure.

Thanks in advance!
Change log

Jun 11, 2014 21:14: Sebastian Witte Created KOG entry

Proposed translations

1 hr
Selected

publications cited in opposition to the patent in the examination procedure

publications cited against the patent in the examination procedure

In the examination procedure, the examiner needs to make sure that the patent filed (angemeldet) doesn't any infringe existing technical IP rights for very similar inventions from other applicants (Anmelder) - I think.

Only after that, upon ruling out that the citations (here: t e c h n i c a l IP documents like patents or utility models, these are also called publications/Druckschriften - I think - that can, if they form part of the prior art (i.e. the level of advancement the technology surrounding a certain human activity or sphere of life has reached at a given point/Stand der Technik) prevent a patent applied for from being granted) "successfully" interfere with the patent application examined, will they grant (erteilen) the patent - I think. See I only have 4 yrs' experience in IP translation and my knowledge is not that sound yet.

http://www.patinformatics.com/blog/all-citations-are-not-the...

Feedback on this is appreciated as I am, like I said, still a learner in IP translation.

Please note that the particular section about "im Prüfungsverfahren entgegengehaltene Druckschriften" in the patent specification seems to be of a "retro" nature as the term patent specification (Patentschrift) means the patent has been granted.

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Note added at 1 hr (2014-06-05 21:06:15 GMT)
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doesn't infringe any existing technical IP rights
Example sentence:

Next, let’s look at the companies that are having Allure documents cited against them by an examiner. This can be accomplished by filtering out the three applicant citations ...

There can be no question but that the function performed according to the teaching of the patent is the same as that performed ... mechanically by a number of other devices as described in the patents cited in opposition to the patent in suit.

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2 KudoZ points awarded for this answer. Comment: "Thank you!"

Reference comments

15 mins
Reference:

see here for an explanation

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