Intellectual Property Law entries cover all the main forms of intellectual property (principally, copyright, trade mark and unfair competition, and patent). The subject explores the theoretical foundations of and justification for the different rights as well as their application in a number of settings. Intellectual property industries now make up a sizable proportion of the global economy. And the most contested issues in intellectual property law are closely connected to developments throughout the arts and technology, as well as to evolutions in marketing and popular culture.
Because the content of intellectual property law is increasingly framed by international obligations and evolves with some regard to developments in other countries, the subject has an international and comparative dimension.
Definition Document, strictly, in law, that which can serve as evidence or proof, and is written or printed, or has an inscription or any significance that can be “read”; thus a picture, authenticated photograph, seal or the like would furnish “documentary evidence.” More generally the word […]
Summary of Patent
A grant issued by a governmental authority to an inventor permitting, for a fixed number of years, an exclusive right to the invention. The grant includes the prerogative of preventing others from making, using, or selling the invention covered. Through various […]
Spanish Translation of claim This is the legal translation of English to Spanish in relation to claim and / or a definition of this topic: Reclamación (in Spanish, without translation of the dictionary entry). Spanish Translation of claim This is the legal translation of English to […]
Many companies use open source software in their products and services. And some companies "regularly contribute software source code to open source projects under open source licenses or release internal software projects under open source licenses …. The terms of many open source […]
Summary of Intellectual Property Intellectual Property is, according withWilliam J. Miller, a general term covering industrial property such as patents, trademarks, and trade names, as well as literary and artistic property, including copyrights. Consideration of the meaning of the word […]
Research Disclosure in E.U. Patent System Defensive-type publications which are published, often anonymously, to give companies and inventors "freedom of use" rather than legal protection. Once research disclosures are published the invention described cannot be patented. Academic […]
Spanish Translation of registered trademarkThis is the legal translation of English to Spanish in relation to registered trademark and / or a definition of this topic: Marca Registrada (in Spanish, without translation of the dictionary entry).
Opposition in E.U. Patent SystemThe time period allowed for an interested party to post oppositions to the grant of a patent. For example, this may be up to nine months from the date of grant of a European patent.
Defensive Publication in E.U. Patent System A publication and disclosure to the public of a pending patent application. Publication in E.U. Patent System Documents, including patents of most countries that are printed (published) in and are actually or presumptively available to the public. […]
Preliminary Examination in E.U. Patent System The initial study of an application by an official in the patent office to check that the specification is properly arranged and for preparing search reports. Examination in Chief in Canadian Procedural Law Examination in Chief and related […]
Rationale The "wording of the 1537 "Ordonnance de Montpellier” (see below) shows that the idea of safeguarding books from being lost to posterity is already central. It is true that other aims have been suggested, more or less officially, for legal deposit, such as state control […]
Applicant in E.U. Patent System The person or corporate body that applies for the patent and intends to 'work' the invention (to manufacture or license the technology). Under US law the applicants must be the inventor(s) except under exceptional circumstances. Definition of Applicant […]
Intellectual Property Competition How do Patent and Copyright Protection restrict Competitors Both patent and copyright protection, though particularly the former, … Read more
Spanish Translation of assignee This is the legal translation of English to Spanish in relation to assignee and / or a definition of this topic: Causa Habiente (in Spanish, without translation of the dictionary entry). Assignee in E.U. Patent System The person(s) or corporate body to whom all […]
Application in E.U. Patent System Papers comprising petition, specification, drawings (when required), one or more claims, oath or declaration and filing fee, whereby an applicant seeks a patent. Definition of Application in International Trade The following is a concept of Application in the […]
Assignor in E.U. Patent System One who assigns a patent right. Definition of Assignor in International Trade The following is a concept of Assignor in the context of international trade law, from the Dictionary of International Trade (Global Negotiator): A letter of credit beneficiary who […]
Prior Art in E.U. Patent System Previously used or published technology that may be referred to in a patent application or examination report. Description of Prior Art In this reference work, prior art is a sort of the Patents category. Resources See Also Patents ~ Patents
Summary of World Intellectual Property Organization A specialized agency of the United Nations charged with fostering international agreements to protect rights to intellectual property, with the object of facilitating international technology transfer. WIPO serves as the nucleus for new […]
Introduction This part of the Encyclopedia of Law provides an overview of the basic attributes of patents, along with the patentability requirements, practice in the USPTO, primarily the steps involved in obtaining a patent, some post-issuance considerations such as the patent term, and the […]
European Patent Convention (EPC) in E.U. Patent System Nineteen European countries are parties to the European Patent Convention. A patent application filed under this convention will, when granted, usually automatically be effective in each of the countries designated by the applicant. […]
Reinstatement in E.U. Patent System Restoring a patent to protection after it has apparently lapsed by error or been revoked. Resources See Also Personnel Law Enforcement Officer Military Personnel Law Practice Management Job Labor Law Labor Right Employment Contract
Grant in E.U. Patent System A temporary right given by a patent office for a specified period, to prevent anyone else from using the technology defined in the claims of a patent. Grant Land grant For additional information related to the definition of Land grant in connection to Grant, please […]
Anticipation in E.U. Patent System This is when the prior art indicates that a patent application lacks novelty. Description of Anticipation In this reference work, anticipation is a sort of the Patents category. Resources See Also Novelty Prior Art Under Art Patents Patents
Trademark Developments Introduction to Cyber-Squatting In the 20th and 21th Century, some individuals have registered well-known trademarks as Internet domain names even though they do not own the mark or have any relation to the owner. For instance, a person with no connection to the […]
Priority Date in E.U. Patent SystemThe initial date of filing of a patent application, normally in the applicant's domestic patent office. This date is used to help determine the novelty of an invention.
Drawing in E.U. Patent SystemOne or more specially-prepared figures filed as a part of a patent application to explain and describe the invention. Drawings (or illustrations, where appropriate) are more commonly found with inventions for mechanical or electrical devices. As a rule, chemical […]
A tax imposed by governmental authority on goods imported. The amount of the duty imposed on any given article is prescribed in the nation's […]
Introduction to LicenseLicense, a permit granting permission to engage in an activity that would otherwise be illegal. The main purpose of a license is to protect the public interest. A license issued by a government agency is required in order to pursue certain occupations, run certain bus…
Expiry Date in E.U. Patent SystemThe date when a patent has run its full term in a country and is no longer protected there (see alsoLapse, Withdrawn).
Term of patent in E.U. Patent SystemThe maximum number of years that the monopoly rights conferred by the grant of a patent may last.
Introduction to DisclosureDisclosure, act of revealing information that is secret or would normally be confidential." (1)ResourcesNotes and ReferencesInformation about "https://lawin.org/encarta-encyclopedia/" title="Microsoft Encarta Online …
Known formally as the Paris Convention for the Protection of Industrial Property, an international agreement formulated to protect rights to industrial property including inventions, trademarks, service marks, trade names, and appellations of origin. The substantive provisions of the convention […]
Forfeited Application in E.U. Patent SystemAn application on which the issue or maintenance fee has not been paid within the designated period.
Division in Constitutional LawFrom the Comparative Constitutions Project: By divisions, we mean something that is uniform throughout the constitution, not subsections that only appear sporadically.
Creative Commons Creative Commons History (based in an article of Lucia Hwang) At the Stanford Law School a nonprofit enterprise … Read more
Resale Royalty Rights Based on California Lawyers for the Arts information: A widespread consensus exists among developed countries that a … Read more
Examiner in E.U. Patent SystemA patent office official who is appointed to determine the patentability of applications.
Kinds in E.U. Patent SystemThe letter, often with a further number, indicating the level of publication of a patent. For example DE-A1 is the German Offenlegungsschrift (application laid open for public inspection) while a DE-C1 is the German Patentschrift (first publication of the granted patent).
Equivalent in E.U. Patent SystemA patent entering the Derwent system which relates to the same invention and shares the same priority application as a patent from a different issuing authority already held in Derwent World Patents Index (see also non-convention equivalent).
Spanish Translation of renewal [of insurance]This is the legal translation of English to Spanish in relation to renewal [of insurance] and / or a definition of this topic: Renovación del Seguro (in Spanish, without translation of the dictionary entry).
First to Invent in E.U. Patent SystemIn some countries, the applicant who is the first to invent will be awarded the patent over all others.
Specification in E.U. Patent SystemThe description, drawings and claims of an invention prepared to support a patent application. The term does not imply that the invention is necessarily new or was ever protected.
Spanish Translation of revocationThis is the legal translation of English to Spanish in relation to revocation and / or a definition of this topic: Revocación (in Spanish, without translation of the dictionary entry).
Patent Co-operation Treaty (P.C.T.) in E.U. Patent SystemThe P.C.T. was signed in Washington D.C. on June 19 1970 and entered into force January 24 1978. It was amended with effective dates of May 3 1984 and January 1 1985. There are currently 96 signatories to this treaty. Contracting states […]
Substantive Examination in E.U. Patent SystemThe full examination of a patent application substance or content by a patent office examiner to determine whether a patent should be granted.
Basic Patent in E.U. Patent SystemThe first member of a Derwent patent family. This may or may not be the first published patent (which is usually the first to be documented by services such as Derwent World Patents Index).
Lapse in E.U. Patent SystemThe date when a patent is no longer valid in a country or system due to failure to pay renewal (maintenance) fees. Often the patent can be reinstated within a limited period.
Utility Model in E.U. Patent SystemIn some countries, a type of patent which is available involving a simpler inventive step than that in a traditional patent. Such patents generally have a shorter life.
Search Report in E.U. Patent SystemA list of published items (both patent and non-patent literature), issued by the patent examiners checking the novelty of the patent application, which are relevant to the subject of the invention.
Utility in E.U. Patent SystemFitness for some desirable practical or commercial purpose.