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Patent Ambush
A patent ambush occurs when a member of a standard-setting organization withholds information, during participation in development and setting a standard, about a patent that the member or the member's company owns, has pending, or intends to file, which is relevant to the standard, and subsequently the company asserts that a patent is infringed by use of the standard as adopted. Standards-setting organizations, such as the IEEE and ANSI, typically require each member of their committees engaged in standard setting to file a letter with the organization stating either that the member does not know of any patents of their company relevant to the standard or else identifying those patents about which they know. When the organization is advised of relevant patents, often it will either seek to use a different technology for the standard or obtain a commitment from the patent owner that it will license users of the standard on fair reasonable and non-discriminatory (FRAND) terms. Once ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standards Organization
A standards organization, standards body, standards developing organization (SDO), or standards setting organization (SSO) is an organization whose primary function is developing, coordinating, promulgating, revising, amending, reissuing, interpreting, or otherwise contributing to the usefulness of technical standards to those who employ them. Such an organization works to create uniformity across producers, consumers, government agencies, and other relevant parties regarding terminology, product specifications (e.g. size, including units of measure), protocols, and more. Its goals could include ensuring that Company A's external hard drive works on Company B's computer, an individual's blood pressure measures the same with Company C's sphygmomanometer as it does with Company D's, or that all shirts that should not be ironed have the same icon (a clothes iron crossed out with an X) on the label. Most standards are voluntary in the sense that they are offered for adoption by people ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ... [...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] |
Patent Misuse
In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent. Patent misuse that restrains economic competition substantially can also violate United States antitrust law.. Definition Patent misuse is a patent owner's improper use of patent rights, speaking very generally, to expand the scope or term of the patent. Examples of such patent misuse include forcing customers to agree to pay royalties on unpatented products or to pay royalties on an expired patent. This type of patent misuse can take place without a violation of antitrust laws. But it violates such policies of US patent law as the monopoly of a patent is confined to what its claims cover and once a patent expires the public has an unlimited right to practice ... [...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] |
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, |
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] |
Continuation Application
In computer science, a continuation is an abstract representation of the control state of a computer program. A continuation implements ( reifies) the program control state, i.e. the continuation is a data structure that represents the computational process at a given point in the process's execution; the created data structure can be accessed by the programming language, instead of being hidden in the runtime environment. Continuations are useful for encoding other control mechanisms in programming languages such as exceptions, generators, coroutines, and so on. The "current continuation" or "continuation of the computation step" is the continuation that, from the perspective of running code, would be derived from the current point in a program's execution. The term ''continuations'' can also be used to refer to first-class continuations, which are constructs that give a programming language the ability to save the execution state at any point and return to that point at a lat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Technical Standard
A technical standard is an established norm or requirement for a repeatable technical task which is applied to a common and repeated use of rules, conditions, guidelines or characteristics for products or related processes and production methods, and related management systems practices. A technical standard includes definition of terms; classification of components; delineation of procedures; specification of dimensions, materials, performance, designs, or operations; measurement of quality and quantity in describing materials, processes, products, systems, services, or practices; test methods and sampling procedures; or descriptions of fit and measurements of size or strength. It is usually a formal document that establishes uniform engineering or technical criteria, methods, processes, and practices. In contrast, a custom, convention, company product, corporate standard, and so forth that becomes generally accepted and dominant is often called a ''de facto'' standard. A techni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competition Law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territorial boun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
