patent law

Counsel of Record

Definition

See attorney of record.

Court of Customs and Patent Appeals

The Court of Customs and Patent Appeals was the United States court in Washington, D.C. with jurisdiction over all decisions from the U.S. Customs Court (USCC) (renamed in 1980 the Court of International Trade (CIT)) and decisions by the...

Cross-licensing

Cross Licensing refers to the cross-license agreement between patentees, entered into for purposes of avoiding litigation concerning conflicting patents. It helps preserve the financial incentives for inventors to commercialize their existing...

Design Patent

A design patent, unlike a utility patent, limits the investor’s patent protection to the ornamental design of the article. Per 35 U.S.C. § 171, “[w]hoever invents any new, original and ornamental design for an article of manufacture may obtain a...

Direct Infringement

The unauthorized exercise of one of the exclusive rights granted to the owner of a patent, copyright or trademark.

In patent, direct infringement occurs when a person without authorization makes, uses, offers to sell or sells any patented...

Doctrine of Equivalents

Definition

A means by which a patentee may raise a claim of infringement even though each and every element of the patented invention is not identically present in the allegedly infringing product. The purpose of the doctrine is to prevent an infringer...

Espionage

Definition from Nolo’s Plain-English Law DictionaryThe act of spying on or monitoring the activities of a government or company in order to gather secret information.

Definition provided by Nolo’s Plain-English Law Dictionary.

Exclusive License

Definition from Nolo’s Plain-English Law DictionaryA written contract in which the owner of a patent, copyright, trademark, or trade secret authorizes, for a limited time, someone (the licensee) to exclusively exercise one or more of the rights. For...

Exhaustion

Definition from Nolo’s Plain-English Law DictionaryA principle in patent law that a patent owner cannot later sue a customer who purchased an authorized copy of a patented product. In other words, the patent owners rights are exhausted after the sale.

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Extradition

Extradition is the removal of a person from a requested state to a requesting state for criminal prosecution or punishment. Put differently, to extradite is to surrender, or obtain surrender of, a fugitive from one jurisdiction to another. see, e.g....

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