Patent Terms Glossary
Design Patent
Definition:
A type of patent covering the shape characteristics of an object
Design Patent
Definition:
May be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
Representative
Definition:
One who stands for or acts on behalf of another. A patent attorney or patent agent may represent the inventors named in a patent application.
Enforceability of Patent
Definition:
The right of the patent owner to bring an infringement suit against a party who, without permission, makes, uses or sells the claimed invention.
Consisting Essentially Of
Definition:
A transitional phrase that limits the scope of a claim to the specified materials or steps and those that do not materially affect the basic and novel characteristics of the claimed invention.
Common Law Rights
Definition:
Property or other legal rights that do not absolutely require formal registration in order to enforce them. Proving such rights for a trademark in court can be very difficult.
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A patent protects your invention.
A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.
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