Glossary entry

French term or phrase:

qui n'est opposable qu'au titre de la nouveauté

English translation:

which is binding only in respect of novelty

Added to glossary by Helen Genevier
Jan 17, 2007 14:52
17 yrs ago
4 viewers *
French term

qui n'est opposable qu'au titre de la nouveauté

French to English Law/Patents Law: Patents, Trademarks, Copyright prior art section of a patent
"On sait en outre que le produit, contenant de la silice et H2O2, qui est obtenu selon un procédé particulier [décrit dans [patent code] (qui n'est opposable qu'au titre de la nouveauté)] et comprenant le malaxage sous fort cisaillement ..."

Discussion

Helen Genevier (asker) Jan 17, 2007:
Clarification: [patent code] must be an OLD patent, not the subject of the present patent, it starts with the code WO 2004 whereas present patent starts WO 2006.

Proposed translations

+3
5 mins
Selected

which [the patent] is binding only in respect of innovation

That's how I read it. But then I thought the whole point of patents was that they WERE binding in respect of innovation.

I feel something escapes me.

Unless, of course, in your context "opposable" can be attributed its "at-first-sight" meaning of "which can be opposed"; maybe because what the patent claims is an innovation can be proven not to be?

I take it you've examined the very voluminous discussions of "opposable" here.
Note from asker:
Hello Bourth - thanks for responding. Yes, I have read all the kudoz opposable stuff, but I don't know patentese enough to know which is right in the context. I should say that the patent referred to in this excerpt is an old one, not the subject of this patent.
Peer comment(s):

agree Assimina Vavoula
35 mins
agree Conor McAuley : Seems fine to me -- means a patent to be binding, must have something over and above previously-registered patents, which seems basic enough
59 mins
Ah, yes, so non-innovational aspects of previous patents can be used, unless they have been patented in turn.
agree John Speese : I'd translate the last part "with regard to novelty."
7 hrs
I hesitated between that and "innovation". Don't know patent speak.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks to Bourth and John and everyone else who contributed."
18 hrs

patent protection is only available in relation to innovation

This is as a result of reading:

http://www.researchoninnovation.org/patent.pdf

See if you agree.

It's not a direct translation of course, more a reflection of English terminology in this area.
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search