The patent theatres were the theatre s that were licensed to perform spoken drama after the English Restoration of Charles II of England Charles II in 1660. Other theatres were prohibited from performing such serious drama, but were permitted to show comedy , pantomime or melodrama . Drama was also interspersed with singing or dancing, to prevent the whole being too serious or dramatic. Public entertainments, such as theatrical performances, were banned under the Puritan rule in the English Commonwealth . After he was restored to the throne, Charles II issued letters patent to Thomas Killigrew and William Davenant , granting them the monopoly right to form two London theatre company theatre companies to perform serious drama. The letters patent were reissued in 1662 with revisions allowing actresses to perform for the first time Fisk 73 . Killigrew established his company, the King s Company at the Theatre Royal, Drury Lane in 1663 Davenant established his company, the Duke s Company , in Lisle s Tennis Court in Lincoln s Inn Fields in 1661, later moving to Dorset Garden in 1671. After ... The Patent Theatres Drury Lane and Covent Garden Category Theatre in England UK theat stub de PatentTheatre es Teatro con patente fr Th tre patent ... from William III of England William III to form a new company at the old theatre in Lincoln s Inn Fields in 1695, which moved to the Theatre Royal, Covent Garden in 1720 now the Royal Opera House . The two patent theatres closed in the summer months. To fill the gap, Samuel Foote s Theatre Royal, Haymarket became a third patenttheatre in London in 1766. Further letters patent were granted to theatres in other English towns and cities, including the Theatre Royal, Bath in 1768, the Theatre Royal, Liverpool in 1772, and the Theatre Royal, Bristol in 1778. These monopolies on the performance of serious ... continued until 1968. See also Penny gaff Theatre Royal References Fisk, Deborah Payne 2001 . The Restoration ... more details
Other uses Patent law Image US Patent cover.jpg thumb right 175px United States patent law U.S patent A patent IPAc en icon p t n t or IPAc en p e t n t is a form of intellectual property . It consists ..., however, a patent application must include one or more claim patent claim s defining the invention which must meet the relevant patentability requirements such as novelty patent novelty and inventive ..., in all fields of technology, ref Article 27.1. of the TRIPs Agreement. ref and the term of patent ... method patent business methods and software patent computer programs . Definition The term patent usually ... thereof, and claims that right in a formal patent application. The additional qualification utility patent is used in the United States to distinguish it from other types of patents e.g. design patent ... species of patents for inventions include biological patent s, business method patent s, chemical patent s and software patent s. Some other types of intellectual property rights are referred to as patents ... patents or innovation patents . This article relates primarily to the patent for an invention, although ... made by the monarch in pursuance of the royal prerogative were sometimes called letters patent , which .... These were often grants of a patent like monopoly and predate the modern origins of the patent system. For other uses of the term patent see notably land patent s, which were land grants by early state governments in the USA, and printing patent , a precursor of modern copyright. These meanings reflect the original meaning of letters patent that had a broader scope than current usage. Etymology The word patent originates from the Latin patere , which means to lay open i.e., to make available for public inspection , and more directly as a shortened version of the term letters patent , which ... Main History of patent law File US patents 1790 2008.png thumb right U.S. patents granted, 1790 ... counts.htm title U.S. Patent Activity 1790 to the Present publisher USPTO postscript Bot inserted parameter ... more details
A medical patent may refer to a biological patent see also gene patent a chemical or pharmaceutical patent a patent on a medical device See also Generic drug Patent medicine dab ... more details
Wiktionarypar Patentpatent patently patency For the Wikipedia template Template Patent A patent a set of exclusive rights granted by a state national government to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention. Types of intellectual property patents Biological patent Business method patent Chemical patent Design patent for an ornamental design or shape Software patent Utility model , also known as a petty patent, innovation patent, minor patent, or small patent Utility patent , for an invention that functions in a unique manner and not merely ornametal. Other meanings of patent Letters patent , a type of legal instrument issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation Land patent , a land grant, such as in a patented mining claim Patent leather , a shiny form of leather originally produced by a patented process Patent medicine , medical compounds of questionable effectiveness sold under a variety of names and labels Patent bet , in the UK, a wager on three selections and consisting of 7 separate bets In medicine and biology, patent implies open, unobstructed, expanded, e.g. patent ductus arteriosus See also Plant Patent Act , legislation allowing plant breeds to be patented in the United States disambiguation de Patent Begriffskl rung nl Patent ja ru sk Patent sl Patent razlo itev ... more details
TWCleanup A patent court is a court specializing in patent law . List Patent Court of Korea Patents Court Bundespatentgericht United States Court of Customs and Patent Appeals See also Patent law Category Patent law Category Courts by type ... more details
A patent engineer or patent scientist is a patent professional that is typically involved in preparing and prosecuting patent application s. The terms are usually applied to patent professionals with scientific or engineering backgrounds that do not require either Lawyer attorney or patent attorney patent agent qualifications, but still work with patent applications. In general, the position involves many of the technical aspects of patent prosecution , including doing background and prior art searches, drafting the specifications and preparing reference figures for patent applications, and giving technical expertise during invention evaluation. Positions of this nature may focus a great deal on research and development while including patent considerations, emphasizing their technical background rather than legal or patent agent qualification. Most patent scientists or engineers hold at least a bachelor s degree in a scientific or engineering discipline, with many holding advanced degrees such as Doctor of Philosophy Ph.D. s or Doctor of Medicine M.D. s. It is rare for a patent scientist or engineer to hold a law degree as such individuals are usually patent attorney s. Fact date February 2007 Patent scientists and engineers often pursue either patent agent qualification and or attend law school this applies in the U.S. but not in Europe to become patent attorneys. ref It is possible to enter the European Patent Attorney examination after three years of experience as a patent engineer. in http www.ip.philips.com, http www.ip.philips.com download attachment 5733 folder patent Engineer eng 2004 .pdf Join the Intellectual Economy Enjoy technology, but crave more? A career as Patent ... div class references small references div See also Patent attorney Patent attorney and patent agent Patent examiner Law clerk New product development Category Legal professions Category Patent law Scientist, patent Category Engineering disciplines de Patentingenieur ... more details
A patent family is a set of patent s taken in various countries to protect a single invention when a first patent application application in a country the priority right priority is then extended to other patent office offices . ref Organisation for Economic Co operation and Development , Economic Analysis and Statistics Division, OECD science, technology and industry scoreboard towards a knowledge based economy , OECD Publishing, 2001, ISBN 9264186484, 9789264186484, page 60. ref In other words, a patent family is the same invention disclosed by a common inventor s and patented in more than one country. ref United States Patent and Trademark Office web site, http www.uspto.gov main glossary patentfamily Glossary . Consulted on April 27, 2009. ref See also Continuing patent application Triadic patent INPADOC patent family database Derwent World Patents Index patent family database References reflist External links http ep.espacenet.com help?locale en EP&method handleHelpTopic&topic patentfamily Patent families on the Espacenet web site http www.epo.org patents patent information about families.html Patent families on the European Patent Office web site EPO Guidelines b ix 2 6 Patent family system law stub Category Patent law Family, patent de Patentfamilie zh ... more details
A Patent Act is a country s legislation that controls the use of patent s. There have been numerous Patent Acts Canada Patent Act Canada Canadian Patent Act Germany German Patents Act Patentgesetz India http www.spicyip.com docs statute combined 20patents 20act 202005.pdf The Patents Act, 1970 New Zealand Patents Act 1953 United Kingdom Patents Act 1977 see http www.ipo.gov.uk patentsact1977.pdf Patents Act 1977 as amended up to and including 1 January 2010 Copyright, Designs and Patents Act 1988 United States Patent Act of 1790 Patent Act of 1793 Patent Act of 1836 Patent Act of 1922 Patent Act of 1952 Bayh Dole Act Patent and Trademark Law Amendments Act of 1980 Patent Reform Act of 2005 not enacted Patent Reform Act of 2007 not enacted Patent Reform Act of 2009 currently pending legislation Disambig Category Patent law Act, Patent ko ... more details
A patent classification is a way the patent examiner examiner s of patent office s or other people arrange documents, such as patent application s, disclosing invention s according to the technical features of the inventions. They arrange documents using a patent classification so that they can quickly find a document disclosing the invention identical or similar to the invention for which a patent is claimed. The same document may be classified in several classes. A patent classification is fixed under an agreement among people, otherwise it is useless. The International Patent Classification IPC is agreed internationally. The United States Patent Classification USPC is fixed by the United States Patent and Trademark Office USPTO . The European Classification ECLA is based on the IPC but adapted by the European Patent Office EPO to its own requirements. The Derwent World Patents Index Derwent classification system is fixed by an enterprise. In October 2010, the EPO and USPTO launched a joint project to create the Cooperation Patent Classification CPC in order to harmonise the patent classifications systems between the two offices. See also European Convention on the International Classification of Patents for Invention External links http web.archive.org web 20071116230255 http www.bl.uk collections patents class.html Patent classification by the British Library archived page http www.cooperativepatentclassification.org index.html Cooperation Patent Classification CPC Category Patent classifications law stub ... more details
A patent map is a graphical model of patent visualisation . This practice enables companies to identify the patents in a particular technology space, verify the characteristics of these patents, and ... identify the relationships among them, to see if there are any zones of patent infringement infringement . ref http books.google.com books?id aYFErvCfIfUC&lpg PT371&dq patent 20mapping&pg PT371 v onepage&q patent 20mapping&f false From Innovation to Cash Flows Value Creation by Structuring High Technology Alliances, p349 ref Patent mapping is also referred to as patent landscaping. See also Patent drawing References Reflist External links and further reading http www.epo.org patents patent information business stats faq.html Patent statistics and patent mapping FAQ at the European Patent Office http 202.106.92.141 shangchuan zmyj0009.pdf Guide Book for Practical Use of Patent Map for Each Technology Field , Invention Research Institute, Japan Institute of Invention and Innovation, Japan Patent Office, Asia Pacific Industrial Property Center, JIII 2000 Category Business terms Category Patent law Map, patent ... more details
Patent law A patent office is a government al or intergovernmental organization which controls the issue of patent s. In other words, patent offices are government bodies that may grant a patent or reject the patent application based on whether or not the application fulfils the requirements for patentability . ref European Commission, http ec.europa.eu competition sectors pharmaceuticals inquiry preliminary ... Paper , 28 November 2008, page 89 pdf, 1.95 MB . ref List of patent offices For a list of patent offices ... patent offices. African Regional Intellectual Property Organization ARIPO IP Australia IPA Corporate ... Patent Office EPO Eurasian Patent Organization EAPO Deutsches Patent und Markenamt German Patent Office DPMA Indian Patent Office Intellectual Property Office of Singapore IPOS Israeli Patent Office Italian Patent and Trademark Office Japan Patent Office JPO Korean Intellectual Property Office ... INPI Netherlands Patent Office Nordic Patent Institute NPI Norwegian Industrial Property Office Organisation Africaine de la Propri t Intellectuelle OAPI Polish Patent Office PPO Rospatent Russian Federal Service for Intellectual Property, Patents and Trademarks Rospatent Spanish Patent and Trademark ... s Republic of China SIPO Swedish Patent and Registration Office PRV Swiss Federal Institute of Intellectual Property IGE Turkish Patent Institute UK Intellectual Property Office UK IPO United States Patent and Trademark Office USPTO World Intellectual Property Organization WIPO List of past patent offices or the like Confederate Patent Office Goskomizobretenie Soviet patent office International Patent Institute See also Intellectual property organisation List of patent legal concepts List of people associated with patent law References reflist External links http www.wipo.int directory en urls.jsp Directory of Intellectual Property Offices incl. Patent Offices on the World Intellectual Property Organization WIPO web site Category Patent offices de Patentamt fi Patenttitoimisto id Kantor ... more details
Patent pirate may refer to Someone who willfully commits Patent infringement Piracy patent infringement Patent troll , someone who defends his 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 disambig ... more details
Triadic patents are a series of corresponding patent s filed at the European Patent Organisation European Patent Office EPO , the United States Patent and Trademark Office USPTO and the Japan Patent Office JPO , for the same invention , by the same applicant or inventor patent inventor . ref OECD 2005 , Main Science and Technology Indicators, Vol. 1. ref Triadic patents form a special type of patent family . See also Trilateral Patent Offices References This article uses the Cite.php citation mechanism. If you would like more information on how to add references to this article, please see http meta.wikimedia.org wiki Cite Cite.php div class references small references div Category Patent law law term stub ... more details
A patent caveat was a legal document filed with the United States Patent and Trademark Office United States Patent Office . ref Patent Act of 1836 ref Caveats were instituted by the US Patent Act of 1836 , but were discontinued in 1909. A caveat was like a patent application with a description of an invention and patent drawing drawing s, but without claim patent claim s. It was an official notice of intention to file a patent application at a later date. A caveat expired after one year, but was renewable by paying an annual renewal fee . The filing fee for a caveat was much less costly than the filing fee for a patent application and did not entail an additional lawyer s fee for drafting claims. Caveats were similar to provisional application s used today in the United States Patent and Trademark ... under any circumstances. According to the Guide to the Practice of the Patent Office 1853, ref quoted in The Telephone Patent Conspiracy of 1876 by A. E. Evenson, page 66 ref the primary objective of a caveat was to prevent the issuing of a rival patent for the same invention to a subsequent inventor. Before the issuing of a patent, the caveats filed within the preceding year were searched. If one was found for the same invention as the proposed patent, the Patent Office notified the holder of the caveat, who then had three months to submit a formal patent application with claims. If the two patent applications claimed the same invention, an Interference proceedings interference would then be declared and neither patent could be issued until it was determined which was the first to invent . See also Patent Office 1836 fire Patent Office 1877 fire United States Defensive Publication ... lipa patents Patent Act of 1836.pdf Patent Act of 1836, SEC. 12 http edison.rutgers.edu paulpats.htm article on US patents and caveats references law stub Category United States patent law Caveat, patent it Caveat brevetti ... more details
In patentpatent law , a patent watch is a process for monitoring newly issued patents on a periodic basis to see if any of these patents might be of interest. ref http www.nature.com bioent building ip 012003 pf nbt1101 1075 pf.html Adda Gogoris & Pamela Ancona, Research tool patents tips for facing a pay up now or litigate ultimatum , Nature Biotechnology 19, 1075 1077 November 2001 ref Patent watches may for instance be performed on a quarterly basis. It is common practice for corporation s in patent based businesses e.g. manufacturing to circulate the results of a patent watch to the appropriate technical people to determine if any newly issued patents are of interest. A newly issued patent may be of interest if it appears to cover one or more products or processes sold by a given company. That company then runs the risk of being sued for patent infringement . In this case, it is prudent for said company to commission a clearance search and opinion clearance opinion to at least show that they were diligent in making sure that they did not infringe the issued patent. If the opinion finds that the company is indeed infringing the patent, then the company can modify its products or processes so that they don t infringe designing around , seek a license from the patent holder, or see if they can find evidence that the patent is not valid. A company might do a prior art novelty search to determine if there is any prior art that would invalidate the patent that the patent office had not previously considered. If said prior art is discovered, the company may bring an opposition proceeding , or request a reexamination to have the patent declared invalid. Opposition proceedings are available in European Patent Convention Europe and Japan . Reexaminations are available in the U.S. In the US, a company may also bring a lawsuit in Federal Court to have the patent declared invalid. References reflist law stub Category Patent law Watch, patent ... more details
A patent portfolio is a collection of patent s owned by a single entity, such as an individual or corporation . The patents may be related or unrelated. Patent application s 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 advantage s and defense against rival portfolio holders. Constituting a patent portfolio may also be used to encourage investment. ref My company is relatively new, and we are interested in ... encouraging investment by demonstrating a growing international patent portfolio. in http www.wipo.int edocs pctndocs en 2011 pct news 2011 10.pdf Entering the national phase early where the international application has not yet been published , Practical ... 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 ... whose market value is governed in large part by their patent portfolio value. The index is called Ocean Tomo 300 Patent Index . ref Ocean Tomo web site, http www.oceantomo.com indexes.html Ocean Tomo 300V Patent Index . Consulted on November 27, 2006. ref Another example is the acquisition in 2006 of IPscore by the European Patent Office , a software application, developed by the Danish Patent ... projects . ref European Patent Office web site, http www.european patent office.org news info 2006 12 29 e.htm The European Patent Office acquires IPscore, the patent portfolio evaluation tool , Official ... to this article, please see http meta.wikimedia.org wiki Cite Cite.php reflist 2 See also Patent troll Patent holding company Patent map Patent pool Patent thicket Intellectual property valuation Category Patent law Category Monopoly economics econ theory stub ko ... more details
The Patent Commons Project was launched on November 15, 2005 by the OSDL Open Source Development Labs OSDL . The core of the project is an Internet online patent commons reference library aggregating and documenting information about patent related Pledge law pledge s and other law legal solutions directed at the open source software community. See also Open Invention Network OIN Software patent Software patent debate IBM Technical Disclosure Bulletin External links http www.patentcommons.org Official web site http www.osdl.org newsroom press releases 2005 2005 11 15 beaverton.html OSDL Launches Online Patent Commons Reference Library , November 15, 2005 law stub Category Free software culture and documents Category Patent law Commons Project, Patent ... more details
A patent attorney is an Lawyer attorney who has the specialized qualifications necessary for representing clients in obtaining patent s and acting in all matters and procedures relating to patent law and practice ... patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms ... regimes In Europe , requirements for practising as patent attorney before national patent offices should be distinguished from those needed for practising before the European Patent Organisation European Patent Office EPO . On the national level, the requirements are not harmonized across ... are mutually recognised to some degree. Australia Registration as a patent attorney in Australia is administered ... an Australian patent attorney, one must pass the nine topics set out in Schedule 5 to the Patent ... years, that provide the applicant experience in the following skills searching patent records preparation filing and prosecution of patent applications in Australia and with other countries drafting of patent specifications and provision of advice on interpretation, infringement and validity. be of good ... ref Until the late 1990s, topics were mainly taught and examined by members of the patent attorney ... system within Australia. Once registered, a Patent and Trademark Attorney may be elected as a Fellow of the Institute of Patent and Trade Mark Attorneys of Australia. ref http www.ipta.com.au Institute of Patent and Trade Mark Attorneys of Australia ref Canada To become a registered patent agent ... in length. Paper A relates to the drafting of a patent application. Paper B relates to the validity of a patent. Paper C relates to the preparation of a response to an Official Action. Paper D relates to the infringement of a patent. Unlike the US system, the Canadian examination format is paper based .... Once certified, a registered patent agent is given powers under the Patent Act Canada Canadian Patent Act to represent applicants applying to the Canadian Intellectual Property Office to obtain ... more details
Orphan date February 2009 Wikify date April 2010 Patent aggregation is the purchasing of patents and patent rights. Patent Aggregation is practiced by some operating companies as well as by companies for which purchasing patents is the sole activity. These companies are also referred to as patent holding companies. Examples of such companies are Intellectual Ventures IV , Allied Security Trust AST , Acacia Technologies, and RPX Corporation ref Firm to Buy up Patents to Ward of Trolls http news.cnet.com 8301 13578 3 10106953 38.html?tag newsEditorsPicksArea.0 . CNET, 11 24 08 ref ref http news.cnet.com 8301 13505 3 10106389 16.html CNET, New Patent Aggregator May Have Oedipal Complex , 11 24 08 ref References reflist DEFAULTSORT Patent Aggregation Category Patent law law term stub ... more details
The term of a patent is the maximum period during which it can be maintained into force. It is usually expressed in number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent law s, renewal annuities or maintenance fee patent maintenance fee s have to be regularly paid in order to keep the patent in force. Otherwise the patent lapses before its term. The term of a patent or specific claim patent claims in a patent may also be curtailed by judgment of a court, as where a claim or patent is held invalid under the relevant ... of patent term across national laws was provided in the 1990s by the implementation of the World ..., in most patent laws nowadays, the term of patent is 20 years from the filing date of the application ... law, other type of patent like rights with shorter terms. Utility model s are an example of such rights. Their term is usually 6 or 10 years. United States main Term of patent in the United States In the United States, for utility patents filed on or after June 8, 1995, the term of the patent is 20 years from the earliest filing date of the application on which the patent was granted and any prior U.S. or Patent Cooperation Treaty PCT applications from which the patent claims priority. For patents filed prior to June 8, 1995, the term of patent is either 20 years from the earliest earliest ... Patent and Trademark Office USPTO delays the issuance of a patent, it is possible to receive extensions ... include Delayed response to an application request for patent. Exceeding 3 years to consider a patent application. Delays due to a secrecy order or appeal. It is possible to receive time extensions equal to the amount of delay. Europe The European Patent Convention requires all jurisdictions to give a European patent a term of 20 years from the actual date of filing an application for a European patent or the actual date of filing an international application under the PCT designating the EPO ... more details
Patent law A patent application is a request pending at a patent office for the grant of a patent for the invention described and claim patent claimed by that application. An application consists of a description of the invention the patent specification , together with official forms and correspondence relating to the application. The term patent application is also used to refer to the process of applying for a patent, or to the patent specification itself i.e. the content of the document filed with a view to initiating the process of applying for a patent ref name Oxonica43 . In order to obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with jurisdiction to grant a patent in the geographic area over which coverage is required. This will often be a national patent office but could be a regional body, such as the European Patent Office . Once the patent specification complies with the laws of the office concerned, a patent may ... or arguing with a patent office for the grant of a patent, and interaction with a patent office with regard to a patent after its grant, is known as patent prosecution . Patent prosecution is distinct from patent litigation which relates to legal proceedings for patent infringement infringement of a patent after it is granted. Definition As pointed out by Peter Prescott QC , the expression patent ... him a patent and that request is still outstanding. The content of the document or documents ... what the Patent Office does, or anyone else does. It exists in perpetuity. ref name Oxonica43 ref Some of the early patents issued by the United States Patent and Trademark Office from July 1790 when the first U.S. patent was issued to July 1836 were however lost in a disastrous fire on December 15, 1836. The information content of at least some of these patent documents if not recovered from somewhere else, e.g. through the inventors records will not exist in perpetuity. See X patent ... more details
otheruses The expressions patent pending sometimes abbreviated by pat. pend . or pat. pending or patent ... once a patent application has been filed, but prior to the patent being issued or the application abandoned. The marking serves to notify potential patent infringement infringer s who would ... once a patent is issued. Fraud ulent use of the patent pending warning is prohibited by the law ... arguably not be covered by any pending patent application. In some jurisdictions, such as the United ... Property Office web site, http www.ipo.gov.uk types patent p manage p useenforce p displayrights.htm ... , the term patent pending refers to an invention in respect of which a patent application has been filed at the patent office but for which a patent has not necessarily been granted. ref name ... that a defendant is taken to be aware of the existence of patent rights. ref Patents Act ... Patent Office. There are penalties for making a false indication of the existence of patent ... States, according to the United States Patent and Trademark Office , the expression Patent Pending as such does not protect an invention until the actual patent is published and or issued A patentee ... to mark the articles with the word Patent and the number of the patent. The penalty for failure .... Some persons mark articles sold with the terms Patent Applied For or Patent Pending . These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited . ref name USPTO United States Patent and Trademark Office web site, http www.uspto.gov web offices pac doc general patpend.htm PATENT MARKING AND PATENT PENDING Excerpted from General Information Concerning Patents print brochure ref The use of the term patent pending or patent applied for is permitted so long as a patent ... more details
An essential patent is a patent which discloses and claim patent claims one or more inventions that are required to practice a given Technical standard industry standard . ref http faculty.haas.berkeley.edu shapiro thicket.pdf Shapiro, Carl, Navigating the Patent Thicket Cross Licenses, Patent Pools, and Standard Setting , forthcoming Innovation Policy and the Economy, Volume I, MIT Press, 2001 ref standardisation body Standardisation bodies , therefore, often require members disclose and grant licenses to patents and pending patent applications that they own and that cover a standard that the body is developing. Failure to do so is a form of patent misuse . If standards bodies fail to get licenses to all patents that are essential to practicing a standard, then the owners of those unlicensed patents can often demand royalties from those who ultimately adopt the standards. This is what happened, for example, to the GIF and JPEG standards. References This article uses the Cite.php citation mechanism. If you would like more information on how to add references to this article, please see http meta.wikimedia.org wiki Cite Cite.php div class references small references div 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 and subsequently claims them to be relevant to the standard as adopted. Patent map Patent pool Patent thicket External links http www.abanet.org antitrust at committees at exemc pdf liability.pdf Potential Antitrust Liability Based on a Patent Owner s Manipulation of Industry Standard Setting , Proceedings of ABA Antitrust Section Spring Meeting 2003 by Janice M. Mueller. http www.law.berkeley.edu journals btlj articles vol17 mueller.pdf Patent Misuse Through the Capture of Industry Standards , 17 Berkeley Tech. L.J. 623 2002 by Janice M. Mueller. Category Patent law ... more details
Use American English date August 2011 Patent troll is a pejorative term used for a person or company who buys and enforces patent s against one or more alleged patent infringement infringers in a manner ... http www.ipfrontline.com depts article.asp?id 10854&deptid 4 title On Patent Trolls and Injunctive Relief author Alexander Poltorak , ipfrontline.com, May 12, 2006 ref The term patent pirate has been used to describe both patent trolling and acts of patent infringement. ref Craig Tyler, http www.wsgr.com news PDFs 09202004 patentpirates.pdf Patent Pirates Search For Texas Treasure , Texas Lawyer ... preserving the patent process to incentivize innovation in t.pdf Preserving the Patent Process to Incentivize ... manufacturing entity. ref patent shark , ref name magliocca Gerard Magliocca, http papers.ssrn.com sol3 papers.cfm?abstract id 921252 Blackberries and Barnyards Patent Trolls and the Perils of Innovation , 82 Notre Dame L. Rev. 1809 2007 . ref patent marketer , ref name white ref name graf Susan Walmsley Graf, http www.lclark.edu org lclr objects LCB 11 2 Graf.pdf Improving Patent Quality Through Identification of Relevant Prior Art Approaches to Increase Information Flow to the Patent Office , 11 Lewis & Clark L. Rev. 495 2007 , footnote 8. ref patent licensing company , Citation needed date May 2011 and patent dealer , ref name The Myth of the Patent Troll cite web url http papers.ssrn.com sol3 papers.cfm?abstract id 959945 title The Myth of the Patent Troll An Alternative View of the Function of Patent Dealers in an Idea Economy publisher Emory Law Journal urle http papers.ssrn.com ... which describe a patent owner who does not manufacture or use the patented invention . ref name miranda ... affects the patent right of non practicing entities eBay Inc. v. MercExchange, L.L.C. eBay ... and definition The term patent troll was used as early as 1993 to describe companies that file aggressive patent lawsuits. ref name wordspy The Patent Troll was originally depicted in The Patents Video ... more details
Competition law In United States patent law , patent misuse is an affirmative defense used in patent infringement patent litigation when a defendant has been accused to have patent infringement infringed a patent . It has also been used to Extenuating circumstances mitigate damages following a finding ... of the scope or term of the patent inequitable conduct in the procurement or enforcement of a patent sometimes termed non purgeable misuse . In the United States, a patent is a statutory right ... . This is unsupported. Historically, courts were willing to entertain a patent misuse defense for patent ... February 2007 Recent decisions have held Under current U.S. patent law it is not patent misuse simply to enforce rights to a patent, in good faith, and enforcement is permissible irrespective of any use ... 176 1980 . Sham or bad faith patent enforcement i.e., without belief that the claim is meritorious ... unclean hands principle of the patent misuse doctrine in Motion Picture Patents Co. v. Universal ... rule that similar misuse of a patent is a defense to an infringement suit comes from Morton Salt Co ... Chem. Co. v. Ellis, 315 U.S. 495 1942 . ref Fraud or inequitable conduct in patent procurement, however, is not purgeable. Statutory limitation The scope of the patent misuse doctrine is today limited by UnitedStatesCode 35 271 d cquote No patent owner otherwise entitled to relief for infringement or contributory infringement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done one or more of the following 1 derived ... of the patent 2 licensed or authorized another to perform acts which if performed without his consent would constitute contributory infringement of the patent 3 sought to enforce his patent rights against infringement or contributory infringement 4 refused to license or use any rights to the patent or 5 conditioned the license of any rights to the patent or the sale of the patented product ... more details
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