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

secondary considerations

Legal services; Patent & trademark

Objective evidence of the actual marketplace setting in which an invention was made. This evidence is relevant to deciding whether an invention is unobvious. Categories of such evidence would ...

hypothetical person skilled in the art

Legal services; Patent & trademark

The standard applied under Section 103 of the Patent Statute is whether the invention would have been obvious at the time the invention was made to one having ordinary skill in the art. One must ...

indefiniteness of claim

Legal services; Patent & trademark

Section 112 of the Patent Statute requires that the claims be sufficiently definite so as to provide a standard by which a third party could, with some degree of certainty, determine whether a given ...

marking

Legal services; Patent & trademark

Placing the word "patent" with the patent number on articles made by the patentee or a licensee. If the patentee fails to mark his or her products, then the patentee may recover only damages for ...

teach toward—teach away

Legal services; Patent & trademark

A prior-art reference that suggests or points in the direction of the present invention is said to teach toward the invention and is evidence that the invention is obvious. A prior-art reference ...

patent family

Legal services; Patent & trademark

All the equivalent patent applications corresponding to a single invention, covering different geographical regions.

patentee

Legal services; Patent & trademark

The inventor to whom the patent is granted and all persons to whom the patent is subsequently assigned. The term is slightly broader than the owner of the patent as the inventor would still be ...