patent law

Fair Use

Fair use is a type of affirmative defense in copyright law. Regulated under 17 USC §107, the congress list four factors in deciding if a use of the original work is a fair use. The four factors are: 1) the character and purpose of the use; 2) the...

Fixed in a Tangible Medium of Expression

Under the Copyright Act, a work is fixed in a tangible medium of expression "when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or...

Indirect Infringement

A third party may be found liable for direct infringement of a patent, copyright or trademark committed by another under a theory of secondary liability if the third party actively induced, encouraged or materially contributed to the infringing...

Inducement of Infringement

Any person who actively induces infringement of a patent is liable as an infringer. See 35 U.S.C. § 271(b).

Infringement by inducement is a form of secondary liability for patent infringement. A person who does not commit direct infringement...

infringement

An infringement is a violation, a breach, or an unauthorized act. Infringement occurs in various situations. A harm to one’s right is an infringement. A violation of a statute is also an infringement. In a commercial contract, an...

infringement (of utility patent)

A utility patent is one of the three types of patents that can be applied in the USPTO (the United States Patent and Trademark Office). It is the most common type of patent. A utility patent can be a useful process, a machine, an...

interference

See Interference Proceedings

Nonobvious

See nonobviousness.

Nonobviousness

Loosely, something that is not readily apparent. Nonobviousness is one of the requirements for obtaining a patent. A supposed invention is usually obvious if someone of ordinary skill in a relevant field could easily make the invention based on prior...

Novel

Loosely, something that is new. Novelty is one of the requirements for obtaining a patent. A supposed invention may fail the novelty test for many different reasons. For instance, nothing can be novel if it was known or used by others in the U.S....

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