Patent & trademark

Patent & trademark

Terms related to patent and trademark applications and infringement litigations. A patent is a form of intellectual property and associated rights granted by a sovereign state to an inventor or their assignee for a limited period of time. A trademark, on the other hand, is a distinctive mark or name used by an individual or business organization to identify and distinguish its products or services from those of other entities.

Industry: Law; Legal services

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Patent & trademark

willful infringement

Legal services; Patent & trademark

Conduct that constitutes an illegal use of another's patented invention where the infringer has no reasonable basis for believing that its actions are legal (i.e., infringement when the infringer ...

term of patent

Legal services; Patent & trademark

The maximum number of years that the monopoly rights conferred by the grant of a patent may last.

apparatus claim

Legal services; Patent & trademark

This refers to a patent claim, which describes structurally a piece of equipment and is embraced by the expression "machine" in the definition of patentable subject matter in the U. S. Patent ...

long-felt need

Legal services; Patent & trademark

This means a problem facing a particular technical area that has gone unsolved for a prolonged period. The presumption is if the solution had been obvious to those skilled in the art, they would ...

equivalents—reverse doctrine of

Legal services; Patent & trademark

This concept is used infrequently. It refers to situations where one might literally infringe a patent claim, but due to the interpretation of the claim, would not be held to be an infringer.

reduction to practice

Legal services; Patent & trademark

The physical part of the inventive process that completes the process of invention. Until there is a reduction of practice, there is no invention. There are two kinds of reduction of practice: 1) ...

presumption of validity

Legal services; Patent & trademark

A presumption created by statute that a patent is legitimate and sound-in-law. The burden of establishing that a patent is invalid is always on the challenger. The burden of proof on the challenger ...