Business Process Engineering: Advancing the State of the Art

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State of the art - Wikipedia

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 "[i]t 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 , [8] 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.

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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:.


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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", [15] 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.

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Nearly all enterprises are engaged Springer Shop Bolero Ozon. Advancing the State of the Art. Jack Elzinga , Thomas R. The chapters are grouped as follows: The goal of this volume is to present works that clarify the definition of the field and establish factors that lead to success in implementation. The editors' premise is that the objective of BPE is to bring about organizational improvement by the application of scientific principles and the use of enabling information technologies. This new methodology, founded and nurtured in practice, will evolve into a mature academic field that will involve many diverse academic disciplines.

This volume is intended to contribute to that development.


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