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patent :: legal definition


Patent - 1) adj. obvious. Used in such expressions as a "patent defect" in an appliance. 2) n. an exclusive right to the benefits of an invention or improvement granted by the U.S. Patent Office, for a specific period of time, on the basis that it is novel (not previously known or described in a publication), "non-obvious" (a form which anyone in the field of expertise could identify), and useful. There are three types of patents: a) "utility patent" which includes a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas); b) "design patent" which is a new, original and ornamental design for a manufactured article; and c) "plant patent" which is a new variety of a cultivated asexually reproduced plant. Example: Secretary of Agriculture and later Vice President Henry A. Wallace developed hybrid corn which made him rich for life. A utility or plant patent lasts 17 years and a design patent lasts 14 years, but all types require payment of "maintenance" fees payable beginning 3 1/2 years after the issuance to keep them up. Patent law specialists can make a search of patents to determine if the proposed invention is truly unique, and if apparently so, can file an application, including detailed drawing and specifications. While awaiting issuance of the patent, products or designs should be marked "patent pending" or "pat. pending." Upon receiving the patent the product can be marked with the word "patent" and the number designated by the Patent Office. The rights can be transferred provided the assignment is signed and notarized to create a record or "licensed" for use. Manufacture of a product upon which there is an existing patent is "patent infringement" which can result in a lawsuit against the infringer with substantial damages granted. 3) n. a nearly obsolete expression for a grant of public land by the government to an individual.

See also: patent ambiguity patent defect patent infringement patent pending and Related Law Terms ↓


Related Law Terms

abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
caveat emptor :: (kah-vee-ott emptor) Latin for "let the buyer bewa ... See also: consumer protection laws
civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties
community property :: n. property and profits received by a husband and ... and distribution separate property
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
patent pending :: n. often abbreviated to "pat. pend." or "pat. pend ... yet been granted. See also: patent
privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
royalty :: n. a percentage of gross or net profit or a fixed ... also: copyright infringement patent
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.