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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 their successor in rights in exchange to a public disclosure of the invention.
For the purpose of calculating damages in a patent infringement action, the infringing "article of manufacture" may be defined as either an end product sold to a consumer or as a component of that product. 35 U.S.C. §289: The relevant text of the Patent Act encompasses both an end product sold to a consumer as well as a component of that product.
[citation needed] Unlike the laws of most countries, the US patent law provides for a one-year grace period in cases of inventor's own prior disclosure. [28] Another unique feature of the US patent practice is a provisional patent application , which allows an inventor to establish a priority and gives them a year to improve on their invention ...
When patent litigation is involved (which in year 1999 happened in about 1,600 cases compared to 153,000 patents issued in the same year [98]), costs increase significantly: although 95% of patent litigation cases are settled out of court, [99] those that reach the courts have legal costs on the order of a million dollars per case, not ...
Intrinsic evidence includes (1) the patent itself, (2) the patent specification, and (3) patent history. [7] The words themselves, is the most important source of evidence and defines the scope of the patent. [8] The court must analyze the words in their ordinary meaning and "in light of the specifics . . . [of] the invention."
The most recent pronouncement of the Manual of Patent Examining Procedure is 2107.01: Situations where an invention is found to be "inoperative" and therefore lacking in utility are rare, and rejections maintained solely on this ground by a Federal court even rarer.
Among the most awaited Supreme Court decisions this term was a patent case, Bilski v. Kappos. While patent law is usually esoteric and unlikely to grab headlines, this case addressed the core ...
Neither software nor computer programs are explicitly mentioned in statutory United States patent law.Patent law has changed to address new technologies, and decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) beginning in the latter part of the 20th century have sought to clarify the boundary between patent-eligible and patent ...