patent law

abandoned application

An “abandoned application” refers to the abandonment of a patent or trademark application. An application is removed from the docket of pending applications at the U.S. Patent and Trademark Office when the applicant (either directly or...

anticipation

Anticipation is the performance of an act or obligation before it is legally due. Some common uses of the term “anticipation” in a legal sense include:

In the context of patent law, anticipation refers to the prior invention or...

attorney of record

The attorney of record is the lawyer who appears in court or receives pleadings and other formal documents on a party's behalf. Also known as counsel of record.

In People v. Macrander, 828 P.2d 234, the Supreme Court of...

cease and desist letter

A cease and desist letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease and desist letter provides notice that legal action may and will be...

claim

A claim is a set of operative facts creating a right enforceable in court. The term claim is generally synonymous with the phrase cause of action, though some contexts prefer to use one of the terms over the other. For example, in the field...

claims

Claims are usually statements of something true in a case, typically without providing proof.

In patent law, the claim is a formal description of the novel features of an invention and the scope of protection created by the...

clean room

Clean room is a method of developing proprietary material in which a development team works in an isolated environment to ensure that the work is authentic and is not copied. The purpose is to provide evidence that similarities to others...

commercial exploitation

Commercial exploitation is a term referring to all activities used to benefit commercially from one's property.

Examples include making property, selling it, offering it for sale, or licensing its appropriation or use....

contributory infringement

Overview

Contributory infringement is a form of secondary liability for direct infringement of a patent, copyright, or trademark. It is a means by which a person may be held liable for infringement even though they did not actually engage in...

copyright and patent power

Copyright and patent powers refers to the federal government’s ability under Article I, Section 8, Clause 8 of the Constitution to create and control a federal copyright and patent system. Under this clause, Congress may "promote the Progress...

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