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The American Inventors Protection Act (AIPA) is a United States federal law enacted on November 29, 1999, as Public Law 106-113. In 2002, the Intellectual Property and High Technology Technical Amendments Act of 2002, Public Law 107-273, amended AIPA.
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
An independent ("stand alone") claim does not refer to an earlier claim, whereas a dependent claim does refer to an earlier claim, assumes all of the limitations of that claim and then adds restrictions (e.g. "The handle of claim 2, wherein it is hinged.") Each dependent claim is, by law, narrower than the independent claim upon which it depends.
(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person's invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person's ...
Prior user rights defense: If an individual/entity begins using an invention ('user') more than a year before a subsequent inventor files for a patent on the same invention, then the user will have the right to continue using the invention in the same way after the subsequent inventor is granted a patent, as long as the user did not derive the ...
A person who practices that invention without the permission of the patent holder infringes that patent. More specifically, an infringement occurs where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its equivalent. [1] No infringement action may be started until the patent is issued.
Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder, i.e. from the patent owner. The scope of the patented invention or the extent of protection [68] is defined in the claims of the granted patent. There is safe harbor in
An independent inventor is a person who creates inventions independently, rather than for an employer. [1] Many independent inventors patent their inventions so that they have rights over them, and hope to earn income from selling or licensing them. Usually inventions made in the course of employment are ultimately owned by the employer; this ...
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