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Patent Reform Act Of 2005
The Patent Reform Act of 2005 () was United States patent law, United States patent legislation proposed in the 109th United States Congress. Texas Republican Party (United States), Republican Congressman Lamar S. Smith introduced the Act on 8 June 2005. Smith called the Act "the most comprehensive change to U.S. patent law since Congress passed the 1952 Patent Act." The Act proposed many of the recommendations made by a 2003 report by the Federal Trade Commission and a 2004 report by the United States National Academy of Sciences, National Academy of Sciences.National Research Council (U.S.). Committee on Intellectual Property Rights in the Knowledge-Based Economy''A Patent System for the 21st Century'', Stephen A. Merrill, Richard C. Levin, and Mark B. Myers, editors, 2004, The 109th Congress concluded on January 3, 2007 without enacting H.R. 2795. Much of the proposed Act was carried into the proposed Patent Reform Act of 2007 (, ), which was introduced in the 110th United Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of patent i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Inventors Protection Act
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. AIPA contains significant changes to American Patent Law. AIPA added * An "earlier invention" defense for business method patents – 35 U.S.C. §273; * Publication of US patent applications for foreign published applications – 35 U.S.C. §122; * Patent term restoration for delays caused by the Patent and Trademark Office – 35 U.S.C. §154; * The Request for Continued Examination (RCE) patent prosecution procedure; and * Disclosure requirements for invention promotion firms. Political considerations Large corporations generally supported the bill. Independent inventors generally opposed the bill. See also *Patent Reform Act of 2005 References Further readingThe American Inventor’s Protection Act: A Legislative Histor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proposed Legislation Of The 109th United States Congress
Proposal(s) or The Proposal may refer to: * Proposal (business) * Research proposal * Proposal (marriage) * Proposition, a proposal in logic and philosophy Arts, entertainment, and media * ''The Proposal'' (album) Films * ''The Proposal'' (1957 film), an Australian television play based on Chekhov's 1890 play * ''The Proposal'' (2001 film), starring Nick Moran, Jennifer Esposito, and Stephen Lang * ''The Proposal'' (2009 film), starring Sandra Bullock and Ryan Reynolds * ''The Proposal'' (2022 film), starring Joe Joseph and Amara Raja * " La propuesta" ("The Proposal"), a short story in the 2014 Argentina anthology film ''Wild Tales'' Literature * ''Proposals (play)'', a 1997 play by Neil Simon * ''The Proposal'' (novel), 1999 and 35th book in the ''Animorphs'' series by K.A. Applegate * ''The Proposal'', alternative title of Chekhov's 1890 play ''A Marriage Proposal'' Television * ''The Proposal'' (American TV series), a 2018 reality dating series * The Proposal (Aust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Proposed Federal Intellectual Property Legislation
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * United (2003 film), ''United'' (2003 film), a Norwegian film * United (2011 film), ''United'' (2011 film), a BBC Two film Literature * United! (novel), ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * United (Commodores album), ''United'' (Commodores album), 1986 * United (Dream Evil album), ''United'' (Dream Evil album), 2006 * United (Marvin Gaye and Tammi Terrell album), ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * United (Marian Gold album), ''United'' (Marian Gold album), 1996 * United (Phoenix album), ''United'' (Phoenix album), 2000 * United (Woody Shaw album), ''United'' (Woody Shaw album), 1981 Songs * United (Judas Priest song), "United" (Judas Priest song), 1980 * United (Prince Ital Joe and Marky Mark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Intellectual Property Legislation Pending In The United States Congress
A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby union club Other uses * Angle of list, the leaning to either port or starboard of a ship * List (information), an ordered collection of pieces of information ** List (abstract data type), a method to organize data in computer science * List on Sylt, previously called List, the northernmost village in Germany, on the island of Sylt * ''List'', an alternative term for ''roll'' in flight dynamics * To ''list'' a building, etc., in the UK it means to designate it a listed building that may not be altered without permission * Lists (jousting), the barriers used to designate the tournament area where medieval knights jousted * ''The Book of Lists'', an American series of books with unusual lists See also * The List (other) * Listing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assignee
An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process e whereby a person, the ''assignor'', transfers rights or benefits to another, the ''assignee''.For the assignment of claim seTrans-Lex.org/ref> An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee. The right or benefit being assigned may be a gift (such as a waiver) or it may be paid for with a contractual consideration such as money. The rights may be vested or contingent,. and may include an equitable interest. Mortgages and loans are relatively straightforward and amenable to assignment. An assignor may assign rights, such as a mortgage note issued by a third party borrower, and this would require the latter to make repayments to the assignee. A related concept of assignment is novation wherein, by agreement with all parties, one contracting party is replaced by a new party. While novatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inequitable Conduct
In United States patent law, inequitable conduct is a breach of the applicant's duty of candor and good faith during patent prosecution or similar proceedings by misrepresenting or omitting materiality (law), material information with the specific intention, intent to deception, deceive the United States Patent and Trademark Office. A claim of inequitable conduct is a defense to allegations of patent infringement. Even in an instance when a valid patent suffers infringement, a court ruling on an allegation of infringement may exercise its power of Equity (law), equitable discretion not to enforce the patent if the patentee (the patent owner) has engaged in inequitable conduct. Duty of candor The U.S. Patent and Trademark Office's Rule 56 explains that patents are "affected with a public interest. The public interest is best served, and the most effective patent examination occurs when, at the time an application is being examined, the Office is aware of and evaluates the teachings o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treble Damages
In United States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. Treble damages are a multiple of, and not an addition to, actual damages in some instances. On occasion, however, as in California Civil Code § 1719, they are additive. When such damages are multiplicative and a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300. Some statutes mandate awards of treble damages for all violations. Examples of statutes with mandatory treble damages provisions are the Clayton Antitrust Act and RICO. Some statutes allow for an award of treble damages only if there is a showing that the violation was willful. For example, "up to three times the amount found or assessed" may be awarded by a court in the United States for willful patent infringement. The idea behind the creation of such damages is that they wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opposition Proceedings
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark. Patents European Patent Office In the context of the proceedings at the European Patent Office (EPO), third parties may challenge the validity of a granted European patent by filing a Opposition procedure before the European Patent Office, post-grant opposition under the European Patent Convention (EPC). The term for filing an opposition with the EPO is nine months from the publication of the mention of the grant of the European patent in the European Patent Bulletin. France Opposition proceedings may be filed against French patents granted since April 1, 2020. The term for filing an opposition with the National Institute of Industrial Property (France), National Institute of In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
