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Design Around
In the field of patents, the phrase "to design around" means to invent an alternative to a patented invention that does not infringe the patent's claims. The phrase can also refer to the invention itself. Design-arounds are considered to be one of the benefits of patent law. By providing monopoly rights to inventors in exchange for disclosing how to make and use their inventions, others are given both the information and incentive to invent competitive alternatives that design around the original patent. In the field of vaccines, for example, design-arounds are considered fairly easy. It is often possible to use the original patent as a guide for developing an alternative that does not infringe the original patent. Design-arounds can be a defense against patent trolls. The amount of license fee that a patent troll can demand is limited by the alternative of the cost of designing around the troll's patent(s). In order to defend against design-arounds, inventors often develop a lar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invention
An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word ''inventor'' comes from the Latin verb ''invenire'', ''invent-'', to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. Due to advances in artificial intelligence, the term "inventor" no longer exclusively applies to an occupation (see human computers). Some inventions can be patented. The system of patents was established ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claim (patent)
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of the utmost importance both during prosecution and litigation alike. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method for computing future life expectancies, said method comprising gathering data including X, Y, Z, analyzing the data, comparing the analy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vaccine
A vaccine is a biological Dosage form, preparation that provides active acquired immunity to a particular infectious disease, infectious or cancer, malignant disease. The safety and effectiveness of vaccines has been widely studied and verified. A vaccine typically contains an agent that resembles a disease-causing microorganism and is often made from weakened or Antigen, killed forms of the microbe, its toxins, or one of its surface proteins. The agent stimulates the body's immune system to recognize the agent as a threat, destroy it, and to further recognize and destroy any of the microorganisms associated with that agent that it may encounter in the future. Vaccines can be prophylaxis, prophylactic (to prevent or ameliorate the effects of a future infection by a natural or "wild" pathogen), or therapeutic vaccines, therapeutic (to fight a disease that has already occurred, such as cancer vaccine, cancer). [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Troll
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, and the like). Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities which do not practice their asserted patent may not be considered "patent trolls" when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a "patent troll" depending on the position they are taking and the perception of that position by th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Texas Law Review
The ''Texas Law Review'' is a student-edited and -produced law review affiliated with the University of Texas School of Law (Austin). It ranks number 6 on Washington & Lee University's list, number 11 on Google Scholar's list of top publications in law, and number 4 in Mikhail Koulikov's rankings of law reviews by social impact. The ''Review'' publishes seven issues per year, six of which include articles, book reviews, essays, commentaries, and notes. The seventh issue is traditionally its symposium issue, which is dedicated to articles on a particular topic. The ''Review'' also publishes the ''Texas Law Review Manual on Usage & Style'' and the ''Texas Rules of Form: The Greenbook'', both currently in their fourteenth editions. The ''Texas Law Review'' is wholly owned by a parent corporation, the Texas Law Review Association, rather than by the school. Admission to the ''Review'' is obtained through a "write-on" process at the end of each academic year. Well over half of each clas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Portfolio
A patent portfolio is a collection of patents owned by a single entity, such as an individual or corporation. The patents may be related or unrelated. Patent applications may also be regarded as included in a patent portfolio. The monetary benefits of a patent portfolio include a market monopoly position for the portfolio holder and revenue from licensing the intellectual property. Non-monetary benefits include strategic advantages like first-mover advantages and defense against rival portfolio holders. Constituting a patent portfolio may also be used to encourage investment. Because patents have a fixed lifespan (term of patent), elements of a portfolio of patents constantly expire and enter the public domain. Market value and evaluation The value of a corporation's patent portfolio can be a significant fraction of the overall value of the corporation. Ocean Tomo LLC, for example, maintains an index of corporations whose market value is governed in large part by their patent po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Thicket
A patent thicket is "an overlapping set of patent rights" which requires innovators to reach licensing deals for multiple patents. This concept is associated with negative connotations and has been described as "a dense web of overlapping intellectual property rights that a company must hack its way through in order to actually commercialize new technology". Origin of the expression The expression may come from ''SCM Corp. v. Xerox Corp.,'' 645 F.2d 1195 (2d Cir. 1981), patent litigation case in the 1970s, wherein Smith Corona, SCM's central charge had been that Xerox constructed a "patent thicket" to prevent Competition (economics), competition. Uses and alternative names Patent thickets are used to defend against competitors design around, designing around a single patent. It has been suggested by some that this is particularly true in fields such as Software patent, software or pharmaceuticals, but Sir Robin Jacob (judge), Robin Jacob has pointed out that "every patentee of a m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Essential Patent
An essential patent or standard-essential patent (SEP) is a patent that claims an invention that must be used to comply with a technical standard. Standards organizations, therefore, often require members disclose and grant licenses to their patents and pending patent applications that cover a standard that the organization is developing. If a standards organization fails to get licenses to all patents that are essential to complying with a standard, owners of the unlicensed patents may demand or sue for royalties from companies that adopt the standard. This happened for example to the JPEG standard. Determining which patents are essential to a particular standard can be complex. Standardisation organizations require licences of essential patents to be on fair, reasonable, and non-discriminatory (FRAND) terms. See also * Patent ambush, a situation where a member of a standards organization withholds information about patents they own during development of a proposed standard an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Map
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reinventing The Wheel
To reinvent the wheel is to attempt to duplicate—most likely with inferior results—a basic method that has already previously been created or optimized by others. The inspiration for this idiomatic metaphor is that the wheel is an ancient archetype of human ingenuity (one so profound that it continues to underlie much of modern technology). As it has already been invented and is not considered to have any inherent flaws, an attempt to reinvent it would add no value to it and be a waste of time, diverting the investigator's resources from possibly more worthy goals. Usage The phrase is sometimes used without derision when a person's activities might be perceived as merely reinventing the wheel when they actually possess additional value. For example, "reinventing the wheel" is an important tool in the instruction of complex ideas. Rather than providing students simply with a list of known facts and techniques and expecting them to incorporate these ideas perfectly and rapid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workaround
A workaround is a bypass of a recognized problem or limitation in a system or policy. A workaround is typically a temporary fix that implies that a genuine solution to the problem is needed. But workarounds are frequently as creative as true solutions, involving outside the box thinking in their creation. Typically they are considered brittle in that they will not respond well to further pressure from a system beyond the original design. In implementing a workaround it is important to flag the change so as to later implement a proper solution. Placing pressure on a workaround may result in later system failures. For example, in computer programming workarounds are often used to address a problem or anti-pattern in a library, such as an incorrect return value. When the library is changed, the workaround may break the overall program functionality, effectively becoming an anti-pattern, since it may expect the older, wrong behaviour from the library. Workarounds can also be a useful ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
