State of the art
State of the art definition is - the level of development (as of a device, procedure, process, technique, or science) reached at any particular time usually as a result of modern methods. state-of-the-art definition: 1. very modern and using the most recent ideas and methods: 2. very modern and using the most. Learn more. Cambridge Dictionary +Plus.
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state of the art. n. the level of knowledge and development achieved in a technique, science, etc, esp at present. adj (prenominal) the most recent and therefore considered the best; up-to-the-minute: a state-of-the-art amplifier. COMMON Something that is state of the art or state-of-the-art has the most modern and advanced features and technology. The new apartments would be state of the art. We've now installed our own state-of-the-art cameras. See also: art, of, state. Wiktionary ( / 0 votes) Rate this definition: state of the art (Noun) The condition of scientific or technical knowledge, particularly the peak or highest level state of the art (Adjective) At the highest level of development at a particular time; cutting-edge.
The state of the art sometimes cutting edge or leading edge refers to the highest level of general development, as of a device, technique, or scientific field achieved at a particular time. However, in some contexts it can also refer to a level of development reached at any particular time as a result of the common methodologies employed at the time.
The term has been used since , and has become both a common term in advertising and marketing , and a legally significant phrase with respect to both patent law and tort liability. In advertising, the phrase is often used to convey that a product is made with the best or latest available technology, but it has been noted that "the term 'state-of-the-art' requires little proof on the part of advertisers", as it is considered mere puffery.
The origin of the concept of "state-of-the-art" took place in the beginning of the twentieth century. The relevant passage reads: "In the present state-of-the-art this is all that can be done". The term "art" refers to technics, rather than performing or fine arts. Over time, use of the term increased in all fields where this kind of art has a significant role.
Despite its actual meaning, which does not convey technology that is ahead of the industry, the phrase became so widely used in advertising that a article described it as "overused", stating that "[it] has no punch left and actually sounds like a lie". In the context of European and Australian patent law , the term "state of the art" is a concept used in the process of assessing and asserting novelty and inventive step ,  and is a synonym of the expression " prior art ".
Due account should be taken of Article 54 3 EPC as well, but merely for the examination of novelty. The expression "background art" is also used in certain legal provisions, such as Rule 42 1 b and c EPC previously Rule 27 1 b and c EPC , and has the same meaning. The state-of-the-art is important in the law of tort liability , specifically in the areas of negligence and products liability. With respect to negligence, "an engineer may defend against a claim of negligence by contending that he met the standards of his profession and the state-of-the-art".
However, in some jurisdictions a manufacturer may raise as a legal defense the assertion that their product represents the "state-of-the-art", and that the manufacturer therefore could not have made the product any safer in light of the knowledge available at the time.
Pursuant to this article:. The state-of-the-art defense allows a defendant to be absolved of liability if he can prove that the state of technical and scientific knowledge, at the time when he put the product into circulation, was not such as to enable the existence of the defect to be discovered.
The Directive allows Member States to eliminate the state-of-the-art defense, but only Luxembourg, which has little manufacturing industry, has done so. In the United States , in those states that follow the common law , the state of an industry is "merely evidence of due care rather than a controlling factor",  but a number of states have State-of-the-Art statutes that "make a manufacturer's compliance with technological feasibility an absolute defense to a products liability suit".
As an industry journal explained in the s:. Remote control rear view mirrors, disc brakes, automatic slack adjusters for drum brakes and sealed lighting systems are just a few examples of products that have advanced the state-of-the-art. When one of these gains a degree of industry acceptance, it begins to bridge a legal gap between what is state-of-the-art from a design standpoint, and what is state-of-the-art from a usage standpoint.
This could place a carrier in a vulnerable position in the not too distant future. From Wikipedia, the free encyclopedia. Highest development that can be achieved. For other uses, see State of the art disambiguation. Main article: Prior art. Washington distinguished commerce from useful arts by stating, "While our commerce has been considerably curtailed for want of that extensive credit formerly given in Europe, and for default of remittance; the useful arts have been almost imperceptibly pushed to a considerable degree of perfection".
A history of aerodynamics and its impact on flying machines. Cape Town: Cambridge University Press. ISBN The European Patent Convention uses the term 'state-of-the-art' which is equivalent to prior art European Patent Office. Retrieved 31 May Headnote II. The expression "background art" used in the English text of Rule 27 1 c and d EPC must have the same meaning as the more familiar expression "prior art".
Cleland, Dundar F. Kocaoglu, Julienne Brown, Engineering Management , p. Rufe, Fundamentals of Manufacturing , p. Categories : Patent law Technical terminology Product liability. Hidden categories: Articles with short description Short description is different from Wikidata Use dmy dates from September Namespaces Article Talk. Views Read Edit View history. Help Learn to edit Community portal Recent changes Upload file.
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