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This is a list of legal terms relating to patents and patent law.A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention.
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 ...
History of patent law – generally considered to have started with the Venetian Statute of 1474 and the 1624 English Statute of Monopolies. [3] History of United States patent law – this started even before the U.S. Constitution was adopted, with some state-specific patent laws. The history spans over more than three centuries.
These state-level general acts set up standardized procedures for patent applications, an examination process, and general terms for patent holdings. The first state to pass a general patent law was South Carolina, in 1784. [7] This first general patent act of the state of South Carolina is titled "An Act for the Encouragement of Arts and ...
A negative aspect of the patent law also emerged in this period – the abuse of patent privilege to monopolise the market and prevent improvement from other inventors. A notable example of this was the behaviour of Boulton & Watt in hounding their competitors such as Richard Trevithick through the courts, and preventing their improvements to ...
The long history of patents and strong protection of patent holders contributes to abuse of the system by patent trolls, which are largely absent in other countries. [citation needed] The US also has an extensive body of case law comprising federal court precedents that have accumulated over more than 200 years.
Consequently, in most patent laws nowadays, the term of patent is 20 years from the filing date of the application. This however does not forbid the states party to the WTO from providing, in their national law, other type of patent-like rights with shorter terms. Utility models are an example of such rights. Their term is usually 6 or 10 years.
(This would be a chart prepared by the defendant or party accused of infringing the patent.) An infringement chart that allegedly shows how the product or process accused of infringement contains each claim element, thereby satisfying the all elements test for infringement. (This would be a chart prepared by the plaintiff or patent owner.) [2]