This is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or his successor in rights in exchange to a public disclosure of the invention.
The reply of an applicant to an office action must be made within a prescribed time limit. If no reply is received within the time period, the application may be considered, depending on the jurisdiction, as abandoned or deemed to be withdrawn, and, therefore, no longer pending.
A patent is "allowed" when the patent office examiners have determined that the patent application meets the necessary criteria of novelty, non-obviousness, feasibility, and usefulness. The applicants are notified of this certification, and that the patent office is ready to grant the patent once certain fees are paid and paperwork filed by the inventors or assignees. The term is used in the U.S. and some other countries. Few allowed patents are not subsequently granted.
Maintenance fee (patent)
A fee to be paid to maintain a patent or a patent application in force. Also called "maintenance fee" or "renewal fee".
patent application
An application for a patent, or patent application, is a request by a person or company to the competent authority (usually a patent office) to grant him a patent. By extension, a patent application also refers to the content of the document which that person or company filed to initiate the application process. This document usually contains a description of the invention and at least one claim used to define the sought scope of protection.
Arrow declaration
A declaration sought from a court that a product to be launched was old or obvious at a particular date, so that the product cannot be affected by a later granted patent, which would also either lack novelty or inventive step.
Assignor estoppel
In United States patent law, an equitable estoppel barring a patent's seller (assignor) from attacking the patent's validity if he/she is found to have infringed that patent later.
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This course will cover all the aspects of product design and system engineering from learning relevant methods to the actual implementation in a hands-on practice of product development.
Le but du cours est de familiariser l'étudiant-e aux notions de base du droit et de l'éthique applicables à la recherche en STV et à son transfert en applications, et de lui fournir les éléments essen
Students will be exposed to hands-on design problems throughout the term. They will acquire methodologies to (1) address open ended engineering problems, (2) cultivate creativity, (3) support decision
Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability.
In patent law, an inventor is the person, or persons in United States patent law, who contribute to the claims of a patentable invention. In some patent law frameworks, however, such as in the European Patent Convention (EPC) and its case law, no explicit, accurate definition of who exactly is an inventor is provided. The definition may slightly vary from one European country to another. Inventorship is generally not considered to be a patentability criterion under European patent law. Under U.S.
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent.
Explores the significance of intellectual property in fostering innovation and protecting creations of the mind, covering patents, trademarks, copyrights, legal frameworks, and enforcement mechanisms.
Explores Intellectual Property Rights, patents, inventions, patent filing, and patentability criteria, emphasizing the importance of inventive step and the limitations of patents.
This thesis investigates the economic effect of patents and the patent system through the lens of patent commercialisation. The thesis is composed of four chapters, where each chapter is an independent scientific paper. In the first chapter, we present a n ...
EPFL2023
Description (through texts, images, models or samples) played a central role in the patent regimes that emerged in the eighteenth century, first in England, later in the United States and in France. Description ensured that the contract—protection in excha ...
By the end of the 19th century, an international order had emerged for patents, allowing business actors to use patents in many countries concurrently, and thus supporting a new phase in the development of industrial capitalism. Centered on Europe in spite ...