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262. non-obviousness = 非顯而易見性
The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented. In other words, "[the] nonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art."
The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom.
The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", in order to eventually achieve a proper balance between the incentives provided by the patent system, namely encouraging innovation, and the social cost of the patent system, namely conferring temporary monopolies.
263. prior art = 先前技術
Prior art (also known as state of the art, which also has other meanings, or background art), in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality. If an invention has been described in the prior art, a patent on that invention is not valid.
Information kept secret, for instance, as a trade secret, is not usually prior art, provided that employees and others with access to the information are under a non-disclosure obligation. With such an obligation, the information is typically not regarded as prior art. Therefore, a patent may be granted on an invention, although someone else already knew of the invention. A person who used an invention in secret may in some jurisdictions be able to claim "prior user rights" and thereby gain the right to continue using the invention. As a special exception, earlier-filed and unpublished patent applications do qualify as prior art as of their filing date in certain circumstances.
In order to anticipate a claim, prior art is generally expected to provide a description sufficient to inform an average worker in the field (or the person skilled in the art) of some subject matter falling within the scope of the claim. Prior art must be available in some way to the public, and in many countries, the information needs to be recorded in a fixed form somehow. Prior art generally does not include unpublished work or mere conversations (though according to the European Patent Convention, oral disclosures also form prior art—see Article 54(2) EPC). It is disputed whether traditional knowledge (e.g., of medical properties of a certain plant) constitutes prior art.
Patents disclose to society how an invention is practiced, in return for the right (during a limited term) to exclude others from manufacturing, selling, offering for sale or using the patented invention without the patentee's permission. Patent offices deal with prior art searches in the context of the patent granting procedure.
264. specification = 專利說明
A specification (often abbreviated as spec) is an explicit set of requirements to be satisfied by a material, product, or service. Should a material, product or service fail to meet one or more of the applicable specifications, it may be referred to as being out of specification; the abbreviation OOS may also be used. In casual usage, underspec or overspec are used when something is worse or better than specified (compare overengineering), though in general (such as for sizes) there is only a notion of "in spec" or "out of spec", not "better" or "worse". Specs are a type of technical standard.
A technical specification may be developed by any of various kinds of organizations, both public and private. Example organization types include a corporation, a consortium (a small group of corporations), a trade association (an industry-wide group of corporations), a national government (including its military, regulatory agencies, and national laboratories and institutes), a professional association (society), a purpose-made standards organization such as ISO, or vendor-neutral developed generic requirements (Telcordia Technologies). It is common for one organization to refer to (reference, call out, cite) the standards of another. Voluntary standards may become mandatory if adopted by a government or business contract.
Sometimes the term specification is used in connection with a data sheet (or spec sheet). A data sheet describes the technical characteristics of an item or product. It can be published by a manufacturer to help people choose products or to help use the products. A data sheet is not a technical specification as described in this article.
265. ex post facto = 溯及既往
An ex post facto law (from the Latin for "from after the action" or "after the fact" : 回溯法), also called a retroactive law, is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ex post facto law commonly called an amnesty law may decriminalize certain acts or alleviate possible punishments (for example by replacing the death sentence with lifelong imprisonment) retroactively. Such laws are also known by the Latin term in mitius.
A law may have an ex post facto effect without being technically ex post facto. For example, when a law repeals a previous law, the repealed legislation is no longer applicable to situations to which it previously was, even if such situations arose before the law was repealed. The principle of prohibiting the continued application of such laws is called Nullum crimen, nulla poena sine praevia lege poenali, especially in European Continental systems.
Some common-law jurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred before the judicial decision. Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3. In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are technically possible, because the doctrine of parliamentary supremacy allows Parliament to pass any law it wishes. In a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited.
266. actus reus = 惡行
Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions of Canada, Australia, India, Pakistan, South Africa, New Zealand, England, Ghana, Wales, Ireland and the United States. In the United States, some crimes also require proof of an attendant circumstance.
267. mens rea = 惡念
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty unless the mind is also guilty". Thus, in jurisdictions with due process, there must be an actus reus accompanied by some level of mens rea to constitute the crime with which the defendant is charged (see the technical requirement of concurrence). As a general rule, criminal liability does not attach to a person who acted with the absence of mental fault. The exception is strict liability crimes.
In civil law, it is usually not necessary to prove a subjective mental element to establish liability for breach of contract or tort, for example. However, if a tort is intentionally committed or a contract is intentionally breached, such intent may increase the scope of liability as well as the measure of damages payable to the plaintiff.
Therefore, mens rea refers to the mental element of the offence that accompanies the actus reus. In some jurisdictions, the terms mens rea and actus reus have been replaced by alternative terminology. In Australia, for example, the elements of the federal offences are now designated as "fault elements" or "mental elements" (mens rea) and "physical elements" or "external elements" (actus reus). This terminology was adopted to replace the obscurity of the Latin terms with simple and accurate phrasing.
268. mistake = 錯誤
In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or alternatively an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake' and the 'common mistake'. It is important to note the distinction between the 'common mistake' and the 'mutual mistake'.
Mistake can be- (1)Mistake of Law (2)Mistake of Fact
Mistake of law: when a party enters into a contract, without the knowledge of the law in the country, the contract is affected by such mistakes but it is not void. A contract is not voidable because it was caused by a mistake as to any law in force in India. The reason here is that ignorance of law is not an excuse at all. However if a party is induced to enter into a contract by the mistake of law then such a contract is not valid. Illustration A and B make a contract grounded on the erroneous belief that a particular debt is barred by the Indian law of Limitation; the contract is not voidable.
Mistake of Fact: Where both the parties into an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. Explanation: An erroneous opinion as to the value of the thing which forms the subject-matter of the agreement is not to be deemed a mistake as to a matter of fact.
Illustration: (1) A agrees to buy a certain horse from B. It turns out that the horse was dead at the time of bargain, through neither party was aware of the fact. The agreement is void. (2) A, being entitled to an estate for the life to B, agrees to sell it to C. B was dead at the time of an agreement, but both the parties were ignorant of the fact. The agreement is void.
269. attempt = 企圖；未遂
Attempt was originally an offence under the common law of England.
Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation.
The essence of the crime of attempt is that the defendant has failed to commit the actus reus (the Latin term for the "guilty act") of the full offense, but has the direct and specific intent to commit that full offense. The normal rule for establishing criminal liability is to prove an actus reus accompanied by a mens rea ("guilty mind") at the relevant time (see concurrence and strict liability offenses as the exception to the rule).
270. solicitation = 教唆
In England and Wales, the term soliciting is usually "for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution" under the Street Offences Act 1959. The crime of soliciting should not be confused with the profession of a solicitor, which under UK law is typically that of a lawyer, who may also function as a legal agent to obtain the services of a barrister on behalf of a client.
The description of kerb crawler makes clear that 'the addressing or accosting by a potential prostitution customer of a supposed prostitute with the purpose to conclude to a prostitution agreement with her' is also entitled 'solicitation' by some.
In the United States, solicitation is the name of a crime, an inchoate offense that consists of a person offering money or induce another to commit a crime with the specific intent that the person solicited commit the crime.
In the United States
The term "solicitation" implies some part of commercial element, consideration, or payment. In some other common law countries, the situation is different:1) where the substantive offense is not committed, the charges are drawn from incitement, conspiracy, and attempt; 2) where the substantive offense is committed, the charges are drawn from conspiracy, counseling and procuring, and the substantive offenses as joint principals. 
Solicitation has the following unique elements: 1) the encouraging, bribing, requesting, or commanding a person; 2) to commit a substantive crime; 3) with the intent that the person solicited actually commit the crime.
Unlike conspiracy, there is no overt step necessary for solicitation, one person can be a defendant, and it merges with the substantive crime.
It is not necessary that the person actually commit the crime, nor is it necessary that the person solicited be willing or able to commit the crime (such as if the "solicitee" were an undercover police officer).
For example, if Alice commands Bob to assault Charlie, and Alice intends for Bob to assault Charlie, then Alice is guilty of solicitation. However, if Alice commands Bob to assault Charlie without intending that an actual crime be committed (perhaps believing that Charlie has given consent), then there is no solicitation.
An interesting twist on solicitation occurs when a third party that the solicitor did not intend to receive the incitement overhears the request to the original solicitee and unbeknownst to the solicitor, commits the target offense. In a minority of jurisdictions in the United States, this situation would still be considered solicitation even though the defendant never intended the person that committed the crime to have done so.
Solicitation is also subject to the doctrine of merger, which applies in situations where the person solicited actually commits the crime. In such a situation, both Alice and Bob could be charged with the crime as accomplices, which would preclude conviction under solicitation; a person cannot be punished for both solicitation and the crime solicited.
No soliciting signs are intended to protect business from panhandlers or individuals attempting to sell products or services to that business' patrons on business property, thus taking potential revenue away from that business. These signs are very often ignored.
It is a common misconception that a simple "no soliciting" sign is meant to keep individuals from attempting to speak with a business owner or principal about his products or services.While this may be accomplished using a more detailed sign specifically asking vendors not to promote themselves to employees or principals, most sales professionals are taught to bypass simple "no soliciting" signs and interpret them to mean "do not solicit our patrons".
271. felony = 重罪
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors. Many common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions such as between indictable offences and summary offences. A felony is generally considered to be a crime of "high seriousness", while a misdemeanor is not.
A person convicted in a court of law of a felony crime is known as a felon. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor. The individual states may differ in this definition, using other categories as seriousness or context.
Similar to felonies in some civil law countries (Italy, etc.) are delicts, whereas in others (France, Spain, Belgium, Switzerland etc.) crimes (more serious) and delicts (less serious).

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