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Everyone and everything is subject to the conditions and requirements of the law and equal under the law. ) on what the market has to offer, tapping your ingenuity, innovation and invention, for all it has to give and MORE! Unity of invention A requirement that a patent application can relate only to one invention.
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**NOTE: Provisional applications may not be filed for design inventions. wikipedia. It becomes property of sorts. We would argue, in order for it to be new, you will either have to be the first person ever to think it up, OR be the first to market, to capitalize on it!
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An Eclectic Glossary Of Legal Concepts Dealing With Patents, Licensing And New Ideas Taken From Online Sources - part 1
There are some great concepts, descriptions, definitions and even legalese found on the US Government website for trade and patents at http://www.uspto.gov/main/glossary/, as well as at www.wikipedia.org . This is just a sampling of some of the terms you might actually come across in your undertakings, when trying to make the MOST of your million dollar idea!
Assignor estoppel this bars a patent's seller (assignor) from attacking the patent's validity if he/she is found to have infringed that patent later.
Claim the extent of the protection, described, conferred and conveyed by a patent.
Clearance search and opinion A search done on issued patents or on pending patent applications. This process is used to determine if a product or process infringes any of the claims of the issued patents or pending patent applications.
Defensive publication A publication intended to prevent the grant of a patent to a competitor by placing information in the public domain.
Disclaimer An amendment consisting in limiting a claim by introducing a negative technical feature.
Doctrine of equivalents A legal rule that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
Essential patent A patent that is required to make a certain product is described as essential.
Exhaustion of rights A legal concept stating that rights in a product are exhausted by its sale.
Filing date The filing date of a patent application is the date on which that application is legally accepted at the patent office. That date is typically the date on which the documents are deposited at the office, but may be later if there are defects in the documents.
First to file A legal concept in which the right to a patent for an invention is determined by the first person to file for a patent to protect that invention, cf. First to invent.
First to invent A legal concept in which the right to a patent for an invention is determined by the first person to make that invention, cf. First to file.
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.
Interference proceeding A type of proceedings, particularly at the USPTO, to decide who is entitled to the grant of a patent for an invention.
There are some great concepts, descriptions, definitions and even legalese found on the US Government website for trade and patents at http://www.uspto.gov/main/glossary/, as well as at www.wikipedia.org . This is just a sampling of some of the terms you might actually come across in your undertakings, when trying to make the MOST of your million dollar idea!
Assignor estoppel this bars a patent's seller (assignor) from attacking the patent's validity if he/she is found to have infringed that patent later.
Claim the extent of the protection, described, conferred and conveyed by a patent.
Clearance search and opinion A search done on issued patents or on pending patent applications. This process is used to determine if a product or process infringes any of the claims of the issued patents or pending patent applications.
Defensive publication A publication intended to prevent the grant of a patent to a competitor by placing information in the public domain.
Disclaimer An amendment consisting in limiting a claim by introducing a negative technical feature.
Doctrine of equivalents A legal rule that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
Essential patent A patent that is required to make a certain product is described as essential.
Exhaustion of rights A legal concept stating that rights in a product are exhausted by its sale.
Filing date The filing date of a patent application is the date on which that application is legally accepted at the patent office. That date is typically the date on which the documents are deposited at the office, but may be later if there are defects in the documents.
First to file A legal concept in which the right to a patent for an invention is determined by the first person to file for a patent to protect that invention, cf. First to invent.
First to invent A legal concept in which the right to a patent for an invention is determined by the first person to make that invention, cf. First to file.
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.
Interference proceeding A type of proceedings, particularly at the USPTO, to decide who is entitled to the grant of a patent for an invention.