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THIRTY WAYS TO BEST PROTECT AND CAPITALIZE ON YOUR MILLION DOLLAR IDEA - part 2 16. What can you realistically do about it? 10. Industrial applicability A requirement of many patent systems, requiring that an invention be capable of industrial applicability in order for a patent to be granted for that invention.
foil wrapped dessert patented 1922
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Piracy Pejorative term. Generally refers to the willful infringement of a patent. May also be applied to the vigorous enforcement of a patent.
Prior art Material publicly available prior to the priority date of an application which may anticipate the subject of and prevent the grant of a patent.
Priority right The priority right is a right to claim priority from an earlier application. Claiming priority gives the later filed application a priority date of the filing date of the earlier application.
Prosecution history estoppel In certain states actions during prosecution can estop a party from certain later actions or assertions.
Provisional rights The rights conferred to a published or non-published patent application, i.e. the rights conferred before the patent is granted. See also U.S. patent law, 35 USC 154(d).
Reasonable and Non Discriminatory Licensing A type of licensing typically used during standardization processes.
Reduction to practice In United States patent law, the embodiment of the concept of an invention.
Reexamination The examination of a granted patent, which can result in the revocation of that patent.
Research exemption In some legislations, an exemption to the rights conferred by patents, pursuant to which performing research and tests for preparing regulatory approval does not constitute infringement for a limited term before the end of patent term.
Submarine patent A patent first published and granted long after the original application was filed.
Sufficiency of disclosure An important requirement to be met by a patent in order to be validly granted. According to this requirement, an invention must be described in the application or patent in a sufficiently clear and complete manner to enable the person skilled in the art to carry out the invention.
Supplementary protection certificate A sui generis right available for medicinal and plant protection products. The right comes into force after the corresponding patent expires and has a maximum life time of 5 years.
Swear back of a reference A procedure under US patent law whereby an inventor can get a patent even if the invention has become public before the patent application was filed.
Term of patent The maximum period during which it can be maintained into force.
Transfer An operation by which the owner of a patent or of a patent application changes (for instance as a result of a financial transaction).
Unity of invention A requirement that a patent application can relate only to one invention.
Utility A patentability requirement mainly used to prevent the patenting of inoperative devices such as perpetual motion machines.