Glossary of patent law terms
An application typically includes a detailed description of the invention and at least one claim defining the scope of protection sought.
The application document serves as the foundation for evaluating whether the invention described therein meets the legal requirements for patentability.
It may, for example, affect the steps it will be obvious for him to take, including the nature and extent of any literature search.
The approach consisted in establishing whether the "contribution to the art" made by the invention was only in a field excluded from patentability by Article 52(2) and (3) EPC and, if so, the application could be refused.
An action for a declaration of non-infringement may be brought before a court as a preventive measure prior to being sued by a patent proprietor, for example if an infringement suit is believed to be imminent.
A practice consisting in "obtaining patents to stake [one's] claim to an area of technology in hopes of preventing other companies from suing them.
A letter sent to a company "seeking royalties and threatening legal action for patent infringement.
[32] According to USPTO patent rules, the examination support document (ESD) is a document submitted by an applicant that lists prior art and identifies how the prior art applies to the claims in a pending patent application.
Freedom-to-operate analyses, opinions, and assessments are aimed at determining the risk of patent infringement in that respect.
For instance, when a third party supplies a product which is intended to be used, or can only be reasonably used or worked upon to make the device claimed in a patent.
A type of patent in some countries used for inventions that have a short commercial life or that offers a comparatively small advance over existing technology.
This system is available in some countries, such as in Germany (known under the German term "Lizenzbereitschaftserklärung"),[39] in the UK,[40][41] and for European patents with unitary effect.
Based on the McKesson v. Bridge Medical[43] decision where inequitable conduct was found where the applicant failed to notify the USPTO of such references.
Based on the Marlow Industries, Inc. v. Igloo Products Corp.[44] decision where the court found that the applicant had a duty to notify the USPTO of such references.
The prosecution phase wherein an international application filed under the Patent Cooperation Treaty (PCT) becomes subject to examination at a national level.
[45][46] The Patent Application Locating and Monitoring System (PALM) is used to support the Reexamination process inside the USPTO.
A consortium of at least two companies agreeing to cross-license patents and other IP rights relating to a particular technology.
A dense web of overlapping intellectual property rights that a company must navigate through in order to commercialize new technology.
[51] A notional person having typical knowledge of a particular field or art, used such as to assess whether an invention is nonobvious or whether the specification of the patent enables one to practice what is claimed.
For example, if the inventor is old or sick, or the field of invention is a favored area of science that significantly enriches people's lives, The U.S. PTO may allow such a petition.
Section 122(b) requiring the publication of most United States patent applications 18 months after their filing dates.
Depending on the jurisdiction, a number of requirements may have to be met for the court to grant a preliminary injunction, such as: urgency (to prevent imminent harm to the patentee's business), clear infringement, and a sufficient likelihood that the patent is valid.
Material publicly available prior to the priority date of an application which may anticipate the subject of and prevent the grant of a patent.
The prosecution phase wherein an international application filed under the Patent Cooperation Treaty (PCT) becomes subject to examination at a regional level.
[60] A final Office action based on rejection of claims is subject to review by the Board of Patent Appeals and Interferences (BPAI).
In United States patent law, an obviousness rejection based on a single reference.
An invention consisting in the selection of individual elements, sub-sets, or sub-ranges, within a larger, known set or range.
Some types of inventions in the field of software are legally considered non-patentable subject-matter, depending on the jurisdiction.
It may now be obsolete due to the 1999 America Inventors Protection Act which required publication of U.S. applications in 18 months unless an exception applied.
The right comes into force after the corresponding patent expires and, for medicinal and plant protection products, has a maximum term (i.e., lifetime) of 5 years.
