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Understanding Patent Law
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Flashcards
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The Paris Convention
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.
Plant Patent
Awarded to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
First to File System
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.
Utility Patent
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.
Patent Infringement
The commission of a prohibited act with respect to a patented invention without permission from the patent holder.
Patent Cooperation Treaty (PCT)
International treaty that provides a unified procedure for filing patent applications to protect inventions in each of its contracting states.
Patentability
The quality of an invention that enables it to be legally patented, which relies on the invention being new, useful, and non-obvious.
Patent Maintenance Fees
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.
Design Patent
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.
Exhaustion Doctrine
A legal rule that limits the patent holder's right to control the use or sale of patented products after the first authorized sale.
Utility Model
A protection similar to patents, offered by some countries, which provides shorter-term protection for inventions that may not meet the requirements for patentability.
Non-Provisional Patent Application
A complete, formal application that begins the examination process for the issuance of a patent.
Continuation Patent Application
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.
Patent Prosecution
The process of writing and filing a patent application and pursuing protection for the patent application in the patent office.
Doctrine of Equivalents
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.
Inter Partes Review (IPR)
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.
Patent Term Adjustment (PTA)
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.
Provisional Patent Application
A provisional application allows filing without a formal patent claim, providing a 12-month period to file a non-provisional patent application.
Patent Claims
The part of a patent application that defines the scope of protection granted by the patent.
Prior Art
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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