patent law

Abandoned Application

Definition

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)...

Anticipation

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...

Attorney of Record

Definition

1) A lawyer who appears in court or receives pleadings and other formal documents on a party's behalf. Also known as counsel of record.

2) In patent and trademark law, a lawyer or agent named in a power of attorney filed by a patent or...

Cease and Desist Letter

A cease-and-desist-letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease-and-desist letter provides notice that legal action may and will be taken if...

Claim

1. A set of operative facts creating a right enforceable in court. Though generally synonymous with cause of action, "claim" is slightly broader because it captures not only wrongs with standard names (e.g., battery), but also newly created rights...

Claims

A patent claim is a formal description of the novel features of an invention and of the scope of protection created by the patent.

Clean Room

Definition from Nolo’s Plain-English Law DictionaryA method of developing proprietary material in which an isolated development team is monitored. The purpose is to provide evidence that similarities to others works or products are due to legitimate...

Commercial Exploitation

Term that includes all activities used to benefit commercially from one's property. Examples include making property, selling it, offering it for sale, or licensing its appropriation or use.

See, e.g., Patent.

Contributory Infringement

Definition

A form of secondary liability for direct infringement of a patent, copyright, or trademark. A means by which a person may be held liable for infringement even though he or she did not actually engage in infringing activities.

Overview

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Copyright and Patent Power

Under Article I, Section 8, Clause 8, Congress may "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".

See copyright, patent...

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