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

Add a new term

Contributors in Patent & trademark

Become a Contributors

Patent & trademark

apportionment of profit

Legal services; Patent & trademark

As a measure of damages in patent-infringement litigation, apportionment generally refers to dividing the profits on the sale of a particular piece of apparatus or a product according to the ...

on sale

Legal services; Patent & trademark

If an inventor places his or her invention on sale more than one year before a U. S. patent application is filed, then a valid patent cannot be obtained. This is sometimes referred to as the ...

restriction requirement

Legal services; Patent & trademark

This occurs when an examiner concludes that a patent application claims two or more independent and distinct inventions. The restriction requirement, if made final, requires the applicant to elect ...

continuing applications

Legal services; Patent & trademark

There are three types of continuing applications: division, continuation and continuation-in-part.

fraud on the patent and trademark office

Legal services; Patent & trademark

This is now frequently referred to as inequitable conduct. An applicant and the applicant's attorney have an obligation to acquaint the U. S. Patent and Trademark Office with any prior art known to ...

failure of others

Legal services; Patent & trademark

A secondary test of patentability relevant to the issue of whether an invention is obvious is whether others have failed to come up with the solution previously. Another way of expressing this ...