patent law

public domain

The public domain includes creative works and knowledge that are no longer protected by a copyright, trademark, or patent. These works are considered part of the public domain because their legal protections have expired, been forfeited, or...

read on

In patent law, when one device contains substantially identical features of another device, is it said to “read on” that device. Buehler AG v. Ocrim S.p.A. Ocrim American, Inc., a Northern District of Texas case, offers a definition by describing that...

reexamination

1. In patent law, a proceeding that may be requested of the Patent and Trademark Office to check whether prior art invalidates one or more claims of a previously granted patent.

2. In trial procedure, an alternative name for a redirect...

royalty

Royalty is a compensation to the owner of intellectual property or natural resources for the right to use or profit from the property. Often, owners of intellectual property such as music or books contract with companies to sell and...

small entity

Under U.S. patent law, the fees to be paid to the patent office (USPTO) depend on the applicant’s status. For the purposes of paying patent fees, 37 CFR 1.27, explains that to qualify as a small entity, one must either be:

An...

specification

Specification in a legal context means:

The action of providing a detailed statement under a contract regarding quality, measurements, or otherwise. Concerning patents, it is the section of the patent application that describes how an...

statutory subject matter

To qualify as patentable subject matter, an invention must satisfy two criteria: statutory, and judicial.

35 U.S.C. Section 101, requires that to qualify as statutory subject matter, the subject matter of the invention must...

sui generis

Sui generis is a Latin expression that translates to “of its own kind.” It refers to anything that is peculiar to itself; of its own kind or class. In legal contexts, sui generis denotes an independent legal classification.

[Last...

Supplemental Register

Supplemental Register is the secondary register of trademarks maintained by the United States Patent and Trademark Office (USPTO). The Supplemental Register provides limited trademark rights and benefits and consists of marks that do not...

U.S. Court of Appeals for the Federal Circuit

The U.S. Court of Appeals for the Federal Circuit (C.A.F.C.) has nation-wide jurisdiction over certain disputes that involve the Federal government including intellectual property, international trade, government contracts, and federal...

Pages