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Patent Law Fundamentals
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Non-Obviousness
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.
Prior Use Defense
Prior use defense is a legal defense for accused infringers who have been using the patented invention before the patent application filing date.
First to Invent
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.
Utility Patent
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.
Design Patent
A design patent is granted to someone who invents a new, original, and ornamental design for an article of manufacture.
Disclosure
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.
Patent Agent
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.
Patent
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.
Plant Patent
A plant patent is granted to someone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Patent Cooperation Treaty (PCT)
The Patent Cooperation Treaty (PCT) is an international treaty that provides a unified procedure for filing patent applications in multiple countries simultaneously.
Provisional Patent Application
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.
Claims
Claims in a patent application define the boundaries of patent protection and are statements that describe the invention in clear and specific legal terms.
Maintenance Fees
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:
Doctrine of Equivalents
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.
Grace Period
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.
Non-Provisional Patent Application
A non-provisional patent application is a complete application that begins the examination process and may lead to the grant of a patent.
First to File
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.
Patentability
Patentability refers to the legal criteria an invention must meet to be eligible for a patent, including novelty, non-obviousness, and usefulness.
Utility
Utility is a patentability requirement that the invention must be functional and provide some identifiable benefit or solve a problem.
Patent Term Adjustment
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.
Patent Attorney
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.
International Application
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.
Novelty
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.
Examination Process
The examination process is the procedure where a patent office reviews an application to determine whether it meets the legal requirements for patentability.
Patent Prosecution
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.
Patent Troll
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.
Prior Art
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.
Compulsory License
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.
Patent Infringement
Patent infringement occurs when a party makes unauthorized use of a patented invention within the jurisdiction where the patent has been granted.
Patent Term Extension
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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