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The term of a patent is the maximum time during which it can be maintained in force. It is usually expressed in a number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, annuities or maintenance fees have to be regularly paid in order to keep the patent in ...
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. [ 1] In most countries, patent rights fall under private law and the patent holder must sue someone ...
A "continuation application" is a patent application filed by an applicant who wants to pursue additional claims to an invention disclosed in an earlier application of the applicant (the "parent" application) that has not yet been issued or abandoned. The continuation uses the same specification as the pending parent application, claims the ...
Patent misuse is a patent owner's improper use of patent rights, speaking very generally, to expand the scope or term of the patent. Examples of such patent misuse include forcing customers to agree to pay royalties on unpatented products or to pay royalties on an expired patent. This particular type of patent misuse can take place without a ...
Patent law. A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification [ notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing ...
A patent family is a set of patents or patent applications in various countries in relation to a single invention, for example when a first application in a country – the priority application – is extended to other countries. [ 1] In other words, a patent family is "the same invention disclosed by a common inventor (s) and patented in more ...
A provisional application can establish an early effective filing date in one or more continuing patent applications later claiming the priority date of an invention disclosed in the provisional application by one or more of the same inventors. The same term is used in past and current patent laws of other countries with different meanings.
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