intellectual property


In patent law, anticipation refers to the prior invention or disclosure of the claimed invention by another, or the inventor's own disclosure of the claimed invention by publication, sale, or offer to sell prior to the inventor's application for a patent. In other words, if someone else has known about or used the invention before the patent applicant applies for a patent, that patent applicant will not be entitled to a patent.

Messerschmidt v. U.S., 29 Fed. Cl. 1 (1993)

Hoover Group, Inc. v. Custom Metalcraft, Inc., 66 F.3d 299 (Fed. Cir. 1995)




1) In terms of copyright, access refers to the ability of a potential infringer to see or obtain the copyrighted material. Access is important in determining whether a potential infringer has in fact illicitly copied the copyrighted material. If the potential infringer has had no access to the copyrighted material, he can make a strong argument that he could not have copied the copyrighted material, and that any similarities between the allegedly infringing work and the copyrighted work are mere coincidences.


Abandonment (of trademark)


Abandonment of a trademark occurs when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future. When a trademark is abandoned, the trademark owner may no longer claim rights to the trademark. In effect, this frees the trademark so that anyone else can use it without recourse from the original trademark owner.


Abandoned application


Refers to the abandonment of a patent or trademark application.  An application is removed from the docket of pending applications at the U.S. Patent and Trademark Office when the applicant (either directly or through his attorney or agent) files an express notice of abandonment, does not pay the issue fee, or does not take appropriate action sometime in the prosecution of a nonprovisional application.  An abandoned application may be revived upon petition.




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