Patent Pirate (other)
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Patent Pirate (other)
Patent pirate may refer to: * Someone who willfully commits patent infringement * Patent troll, someone who defends their patents with undue aggression, often with no intention to market or manufacture the patented invention * Someone who utilizes a submarine patent, a type of patent whose issuance is intentionally delayed for several years to maximize benefit to the holder See also * Pirate (other) A pirate is a person who commits acts of piracy at sea without the authorization of any nation. Pirate(s) or piracy may also refer to: Arts, entertainment and media Fictional characters * Air pirate, a character archetype in science fiction and ...
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Patent Infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be ''commercial'' (or to have a ''commercial'' purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other co ...
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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 ...
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Submarine Patent
A submarine patent is a patent whose issuance and publication are intentionally delayed by the applicant for a long time, which can be several years, or a decade.U.S. Committee on the Judiciary, Calendar No. 563, 110th Congress Report, 2d Session, U.S Senate, 110–259, The Patent Reform Act of 2007, January 24, 2008
footnote 112.
This strategy requires a patent system where, first, patent applications are not published, and, second, patent term is measured from grant date, not from priority or filing date. In the United States,