Glossary entry

French term or phrase:

antériorisée

English translation:

anticipated

Added to glossary by Jane RM
Dec 18, 2008 22:13
15 yrs ago
1 viewer *
French term

antériorisée

French to English Law/Patents Law: Patents, Trademarks, Copyright
this relates to registered designs of bottles "la largeur du goulet est parfaitement banale and largement antériorisée ainsi qu'il ressort de l'art antérieur produit" - I know this relates to prior art - does it mean "anticipated to a great extent" - I know anticipate is used with patents but not sure if its also used with designs

thanks

Discussion

Jane RM (asker) Dec 23, 2008:
I found matthew's and alison's explanations very helpful and matthew in a discussion entry decided on anticipated - your answer was also correct but I was looking for some references to its use (I had suggested the term myself). thanks
mimi 254 Dec 23, 2008:
Hi Jane, was there any reason for awarding points to Matthew and entering the term in the glossary but using another term as you said?
MatthewLaSon Dec 22, 2008:
largely anticipated by prior art I think now that's what it means. I've been doing some research. In other words, this invention was already thought of in prior art. The bottleneck is very much ordinary and nothing unique, already seen in prior art.

Proposed translations

+1
27 mins
Selected

for the most part not unique

Hello,

That's my understanding.

antériorisée = seen before

I'm not sure if there is a more industry-specific word.

I hope this helps.

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Note added at 7 hrs (2008-12-19 06:07:40 GMT)
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If an "invention n'est pas antériorisée", it was never done before. It is an unique invention.

http://csc.lexum.umontreal.ca/fr/2008/2008csc61/2008csc61.ht...

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Note added at 8 hrs (2008-12-19 06:14:31 GMT)
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Sorry... "a unique invention"! Why did I write "an"? LOL

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Note added at 8 hrs (2008-12-19 06:15:34 GMT)
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antériorisé (here) = preceded by something that is the same
Peer comment(s):

agree Catherine Gilsenan
1 day 40 mins
Thanks, Catherine! I appreciate it.
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4 KudoZ points awarded for this answer. Comment: "thanks, and to Alison, I used anticipated"
9 hrs

anticipated

idea
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Reference comments

3 days 13 hrs
Reference:

anticipated

Anticipated is indeed also used in relation to registered designs as well as patents.

See, e.g.: "Principles of Intellectual Property Law"

Novelty
Comparison with the prior art is made for all types of article, not just the one for which registration is sought. The prior art comprises designs registered or published in the UK before the date of application. A prior publication must be freely available to the public and contain clear and unmistakeable directions to make an article bearing the design. A prior artistic work will not anticipate a design provided that the copyright owner's permission is obtained and the work has not previously been applied. A design is anticipated if the prior art reveals the same design or one differing only in immaterial details or variants common in the trade. Similarity is judged by eye alone and the test allows for imperfect memory of the earlier design.
http://books.google.co.uk/books?id=hI8kN17SrEsC&pg=PA305&lpg...

Even the reference provided by Matthew actually supports this usage of antériorisée (see, e.g. section 50 of the parallel EN and FR texts)

[50] En l’espèce, l’invention revendiquée dans le brevet 777 n’a pas été divulguée dans le brevet 875, de sorte qu’elle n’est pas antériorisée. L’allégation d’antériorité n’est pas fondée.

[50] In the case at bar, the invention of the ‘777 patent was not disclosed by the ‘875 patent and was therefore not anticipated. The allegation of anticipation has not been justified.
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