IP Glossary: A

Revised 25 Jan and 15 May 2017 and 1 May 2021

Account of Profits

A remedy for infringement of an IPR. Assessment of the profits that a wrongdoer has gained from his or her wrongdoing.

Added Matter

A patent can be revoked the matter disclosed in a specification extends beyond that disclosed in the application for the patent, as filed, or, if the patent was granted on a new application filed under s 8 (3), 12 or 37( 4) above or as mentioned in s.15 (9) above, in the earlier application, as filed. The basic legal principles were set out by Lord Justice Floyd in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd. [2020] EWCA 1292 at para [55].

Anticipation

One of the grounds upon which a patent can be revoked. Essentially that the invention is not new. In Synthon BV v. Smithkline Beecham plc (20 Oct 2005) [2006] 1 All ER 685, [2005] UKHL 59, [2006] RPC 10, the House of Lords said that anticipation requires an enabling disclosure of subject-matter which, when performed, must necessarily infringe the patented invention.

Appointed Person

Appeal tribunal from hearing officers’ decisions.

Artistic Work

S.4 (1) of the CDPA defines an artistic work as a graphic work, photograph, sculpture or collage, irrespective of artistic quality, a work of architecture being a building or a model for a building, or a work of artistic craftsmanship. “Graphic work” includes any painting, drawing, diagram, map, chart or plan, any engraving, etching, lithograph, woodcut or similar work.

Artist’s Resale Right

The right of an artist to claim a portion of subsequent sales of certain types of artistic works.

Assignment

The transfer of the intellectual property rights of one party known as the assignor to the other party known as the assignee.

Author

The person who creates a copyright work.

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