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Understanding Patent Law

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Utility Patent

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A utility patent protects the functional aspects of inventions, covering processes, machines, compositions of matter, and manufactures for a period of 20 years from the filing date.

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Patent Infringement

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The commission of a prohibited act with respect to a patented invention without permission from the patent holder.

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Provisional Patent Application

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A provisional application allows filing without a formal patent claim, providing a 12-month period to file a non-provisional patent application.

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Non-Provisional Patent Application

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A complete, formal application that begins the examination process for the issuance of a patent.

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Patent Maintenance Fees

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Periodic fees paid to the patent office to maintain a utility patent’s enforceability, typically due at 3.5, 7.5, and 11.5 years after patent grant.

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Exhaustion Doctrine

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A legal rule that limits the patent holder's right to control the use or sale of patented products after the first authorized sale.

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Design Patent

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Issued for a new, original, and ornamental design for an article of manufacture, a design patent has a term of 15 years from the date of grant.

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Patent Prosecution

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The process of writing and filing a patent application and pursuing protection for the patent application in the patent office.

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Patent Cooperation Treaty (PCT)

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International treaty that provides a unified procedure for filing patent applications to protect inventions in each of its contracting states.

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Doctrine of Equivalents

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A legal rule that allows a court to hold a party liable for patent infringement even if the infringing device or process does not fall within the literal scope of a patent claim but performs substantially the same function in substantially the same way to achieve the same result.

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Patent Claims

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The part of a patent application that defines the scope of protection granted by the patent.

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The Paris Convention

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An international treaty that allows for an inventor to file for priority in any other member country within 12 months from the original filing date.

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First to File System

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A system where the right to the grant of a patent for an invention goes to the first person to file a patent application for that invention, regardless of the actual date of invention.

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Utility Model

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A protection similar to patents, offered by some countries, which provides shorter-term protection for inventions that may not meet the requirements for patentability.

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Patent Term Adjustment (PTA)

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A procedure to compensate for delays by the patent office in issuing a patent, often extending the life of the patent beyond the normal statutory term.

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Patentability

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The quality of an invention that enables it to be legally patented, which relies on the invention being new, useful, and non-obvious.

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Prior Art

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Any evidence that your invention is already known before your date of invention, which can include similar products, publications, or patents.

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Inter Partes Review (IPR)

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A procedure for challenging the validity of a patent's claims before the Patent Trial and Appeal Board, allowing a third party to dispute the patentability of one or more claims after a patent has been granted.

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Plant Patent

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Awarded to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

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Continuation Patent Application

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A type of patent application that allows an inventor to seek broader patent protection after filing the original application by including new claims to the already disclosed invention.

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