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  2. Inter partes review - Wikipedia

    en.wikipedia.org/wiki/Inter_partes_review

    An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised under 35 U.S.C. §§ 102 or 103 (non-obviousness), and only on the basis of prior art consisting of patents or printed publications. [3]

  3. Markman hearing - Wikipedia

    en.wikipedia.org/wiki/Markman_hearing

    Lastly, the court may consider patent history in its claim construction. Patent history provides information regarding all proceedings prior to patent approval, including applicant representations to the Patent and Trademark Office. [7] Patent history may provide the court with a more in-depth understanding as to the intended scope of the claim ...

  4. Title 35 of the United States Code - Wikipedia

    en.wikipedia.org/wiki/Title_35_of_the_United...

    (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ...

  5. Patent Trial and Appeal Board - Wikipedia

    en.wikipedia.org/wiki/Patent_Trial_and_Appeal_Board

    The Patent Trial and Appeal Board (PTAB) is an administrative law body of the United States Patent and Trademark Office (USPTO) which decides issues of patentability. It was formed on September 16, 2012, as one part of the America Invents Act .

  6. United States trademark law - Wikipedia

    en.wikipedia.org/wiki/United_States_trademark_law

    Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this

  7. Functionality doctrine - Wikipedia

    en.wikipedia.org/wiki/Functionality_doctrine

    In the United States, the “functionality” doctrine exists to stop a party from obtaining exclusive trade dress or trademark rights in the functional features of a product or its packaging. The doctrine developed as a way to preserve the division between what trademark law protects and areas that are better protected by patent or copyright law.

  8. List of United States Supreme Court trademark case law

    en.wikipedia.org/wiki/List_of_United_States...

    The Trademark Act of 1905 imports the rules of practice and procedure that govern appeals of patent applications, and so authorizes a trademark owner to bring a suit in equity following an unsuccessful trademark cancellation appeal; and under the Trademark Act, both parties to a trademark cancellation interference have the right to appeal a ...

  9. Intellectual property - Wikipedia

    en.wikipedia.org/wiki/Intellectual_property

    In the context of trademarks, this expansion has been driven by international efforts to harmonise the definition of "trademark", as exemplified by the Agreement on Trade-Related Aspects of Intellectual Property Rights ratified in 1994, which formalized regulations for IP rights that had been handled by common law, or not at all, in member states.

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