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Patent Law Fundamentals

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Non-Obviousness

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Non-obviousness is a patentability requirement that the invention must not be an apparent or logical extension of existing knowledge to someone with ordinary skill in the art.

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Prior Use Defense

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Prior use defense is a legal defense for accused infringers who have been using the patented invention before the patent application filing date.

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First to Invent

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First to invent is a legal principle where the right to a patent for an invention is awarded to the first person to have made the invention, rather than the first person to file for a patent.

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Utility Patent

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A utility patent is granted to someone who invents or discovers a new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

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Design Patent

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A design patent is granted to someone who invents a new, original, and ornamental design for an article of manufacture.

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Disclosure

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Disclosure refers to the detailed description of the invention in a patent application, which must be sufficient for others in the field to understand and replicate the invention.

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Patent Agent

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A patent agent is a professional licensed to advise on patentability, prepare and file patent applications, and represent clients before a patent office, without necessarily being an attorney.

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Patent

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A patent is a legal document granted by the government giving an inventor exclusive rights to make, use, sell, and import an invention for a limited period of time.

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Plant Patent

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A plant patent is granted to someone who invents or discovers and asexually reproduces any distinct and new variety of plant.

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Patent Cooperation Treaty (PCT)

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The Patent Cooperation Treaty (PCT) is an international treaty that provides a unified procedure for filing patent applications in multiple countries simultaneously.

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Provisional Patent Application

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A provisional patent application is a temporary application filed with a patent office that provides a lower-cost first patent filing and gives the applicant one year to file a non-provisional application.

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Claims

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Claims in a patent application define the boundaries of patent protection and are statements that describe the invention in clear and specific legal terms.

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Maintenance Fees

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Maintenance fees, also called renewal fees, are payments required to keep a patent in force after it has been granted, typically paid at regular intervals:

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Doctrine of Equivalents

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The doctrine of equivalents is a principle in patent law that allows for a finding of infringement even when the literal terms of a patent claim are not violated, based on the premise that the accused product or process is substantially equivalent.

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Grace Period

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Grace period is a specified period of time before the filing of a patent application during which disclosures of the invention do not count against the inventor’s right to a patent.

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Non-Provisional Patent Application

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A non-provisional patent application is a complete application that begins the examination process and may lead to the grant of a patent.

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First to File

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First to file is a legal principle where the right to a patent for an invention is awarded to the first person to file a patent application, regardless of the date of actual invention.

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Patentability

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Patentability refers to the legal criteria an invention must meet to be eligible for a patent, including novelty, non-obviousness, and usefulness.

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Utility

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Utility is a patentability requirement that the invention must be functional and provide some identifiable benefit or solve a problem.

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Patent Term Adjustment

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Patent Term Adjustment (PTA) compensates patentees for delays at the patent office that extend beyond the statutory timeframe for patent issuance, thereby extending the term of the patent.

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Patent Attorney

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A patent attorney is a lawyer who is also qualified to advise on patentability, prepare and file patent applications, and represent clients in legal proceedings related to patents.

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International Application

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An international patent application, also known and filed under the Patent Cooperation Treaty (PCT), allows patent protection to be sought in multiple countries through a single application process.

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Novelty

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Novelty is a requirement for patentability meaning that the invention must be new and not part of the prior art at the time of the patent application.

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Examination Process

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The examination process is the procedure where a patent office reviews an application to determine whether it meets the legal requirements for patentability.

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Patent Prosecution

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Patent prosecution refers to the process of arguing for the grant of a patent and interacting with the patent office to overcome any objections and requirements to secure patent rights.

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Patent Troll

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A patent troll is a derogatory term used to describe a person or company that acquires patents and seeks to enforce them against alleged infringers often without actually manufacturing products or supplying services based on the patents.

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Prior Art

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Prior art refers to any evidence that an invention is already known before the filing date of a patent application, which may include previous patents, publications, or public demonstrations.

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Compulsory License

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Compulsory licensing allows a government to grant permission to someone else to produce the patented product without the consent of the patent holder, typically under specific circumstances like emergencies or monopolistic practices.

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Patent Infringement

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Patent infringement occurs when a party makes unauthorized use of a patented invention within the jurisdiction where the patent has been granted.

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Patent Term Extension

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Patent Term Extension allows for the extension of a patent’s term to account for regulatory reviews, particularly in pharmaceuticals, which can consume part of the patent's life before the product can be sold.

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