evergreen

en-verb

evergreen (third-person singular simple present evergreens, present participle evergreening, simple past and past participle evergreened)

evergreens (present singular third-person)
evergreening (participle present)
evergreened (participle past)
evergreened (past)

(patent law, pharmaceuticals) To extend the term of a patent beyond the normal legal limit, usually through repeated small modifications.


industry

en-noun

industry (countable and uncountable, plural industries)

From Middle English industry, industrie, from Old French industrie, from Latin industria (“diligence, activity, industry”), from industrius (“diligent, active, zealous”), from Old Latin indostruus (“diligent, active”); origin unknown. Perhaps from indu (“in”) + ūst-, ūstr-, stem of ūrō (“burn, burn up, consume”, verb), related to Old High German ūstrī (“industry”), Old English andūstrian (“to hate, detest”, literally “to be consumed with zeal”).

cog

It is a classical and restricted view both of industry (it excludes service sectors, now 70% of the GDP of developed economies)[…]

2007, Dominique Guellec with Bruno van Pottelsberghe de la Potterie, The economics of the European patent system, page 122:

(Europe software patent law) Automated production of material goods.


comprise

en-verb

comprise (third-person singular simple present comprises, present participle comprising, simple past and past participle comprised)

comprises (present singular third-person)
comprising (participle present)
comprised (participle past)
comprised (past)

From Middle English comprisen, from Old French compris, past participle of comprendre, from Latin comprehendere, contr. comprendere, past participle comprehensus (“to comprehend”); see comprehend. Compare apprise, reprise, surprise.

Coordinate term: compose (close-ended)

(patent law) To include, contain, or be made up of, defining the minimum elements, whether essential or inessential to define an invention.


rejoinder

/ɹɪˈd͡ʒɔɪndɚ/

From Middle English rejoinder, rejonder, rejoynder, from Middle French rejoindre, with infinitive used as noun frequent in Law French. Doublet of rejoin.

(US patent law) Re-insertion, typically after allowance of a patent application, of patent claims that had been withdrawn from examination under a restriction requirement.


rejoin

rejoin (third-person singular simple present rejoins, present participle rejoining, simple past and past participle rejoined)

rejoins (present singular third-person)
rejoining (participle present)
rejoined (participle past)
rejoined (past)

From Middle English rejoynen, from Middle French rejoin- (stem of rejoindre, from re- (“again”) + joindre (“to join”)). By surface analysis, re- + join. Doublet of rejoinder.

/ɹiːˈd͡ʒɔɪn/

(patent law, nonstandard) in US patent law To re-insert a patent claim, typically after allowance of a patent application, applied to patent claims that had been withdrawn from examination under a restriction requirement, based on rejoinder (patent law).


SPC

en-noun

SPC (countable and uncountable, plural SPCs)

(patent law) Initialism of supplementary protection certificate.


evergreening

(patent law, pharmaceuticals) The practice of slightly altering a drug to extend patent protections.


공개

Sino-Korean word from 公開, from 公 (“public”) + 開 (“opening”)


lay open

en-verb

lay open (third-person singular simple present lays open, present participle laying open, simple past and past participle laid open)

lays open (present singular third-person)
laying open (participle present)
laid open (participle past)
laid open (past)

(patent law, Japan and South Korea) To publish a patent for initial public review, prior to the formal application for registration.


PHOSITA

person having ordinary skill in the art#English

(patent law) Abbreviation of person having ordinary skill in the art.


prior art

The significance of this language in section 102(e)(2) is that a PCT application can serve as prior art even though the applicant never files in the United States.

2022, Craig Allen Nard, The Law of Patents, Aspen Publishing, →ISBN:

(patent law) In most systems of patent law, all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality, and to which the patent application is compared to determine if it in fact describes a new invention.

tekniikan taso

information that has been made available to the public — see also state of the art

the level of knowledge that was public prior to the patent


patent troll

From patent + troll (“in folklore, a grotesque humanoid creature living in caves or hills, or under bridges”), a reference to trolls in folktales who block the path of travellers or threaten to harm them unless some payment is made.

On one hand, the new law may intend to enhance the application of new technologies and discourage patent trolls. On the other hand, the new law attempts to further bring the Patent Law in line with the international treaties and laws in other areas (e.g., antimonopoly law).

1990, William P. Streng, Allen D. Wilcox, editors, Doing Business in China: (People’s Republic of China), volume 2, New York, N.Y.: Matthew Bender, →ISBN, page 278:

So favorable was the Federal Circuit's treatment of patents, in fact, that reinventing, nonmanufacturing speculators who would acquire one or more patents with a view toward using their leverage to reap large damages awards, leading to the sobriquet, patent "trolls," began to emerge as plaintiffs who would often put entire industries in patent peril. Thus was born (or became more common) the "patentee" who neither invented nor practiced the subject matter of its invention, but rather, sought to profit by licensing its patent under the threat of litigation, injunctive relief and substantial damages in the propatent climate that the Federal Circuit's views had created.

1992, Roger M. Milgrim, Milgrim on Trade Secrets, volume 2, Newark, N.J.: LexisNexis, →ISBN:

Most companies are reluctant to get the best return on their most valuable assets. [...] Being publicly branded a patent "troll" adds to the turmoil. Patent trolls are controversial not because of the destruction attributed to them, but because they strike at the heart of the complex relationship between innovation and commerce. The term has become synonymous with the unfair assertion of IP rights and extortion of damage payments.

2006, Bruce [M.] Berman, “Roadblocks or Building Blocks?”, in Bruce Berman, editor, Making Innovation Pay: People Who Turn IP into Shareholder Value, Hoboken, N.J.: John Wiley & Sons, →ISBN, page 3:

Recently, firms that specialize in acquiring patents purely for litigation—often derided as ‘patent trolls’ by the targets of their lawsuits—have emerged as significant players in some technology markets.

2006, Timothy S. Simcoe, “Open Standards and Intellectual Property Rights”, in Henry Chesbrough, Wim Vanhaverbeke, Joel West, editors, Open Innovation: Researching a New Paradigm, Oxford, Oxfordshire: Oxford University Press, →ISBN, part II (Institutions Governing Open Innovation), page 175:

During the early 21st century, a number of patent and licensing enforcement companies (PLECs), more commonly referred to as "patent trolls," emerged. Their only business is to acquire patents and then sue infringers.

2008, Lindsay Moore, Lesley Craig, “The Law in Flux”, in Intellectual Capital in Enterprise Success: Strategy Revisited, Hoboken, N.J.: John Wiley & Sons, →ISBN, part II (The Changing Rules), page 54:

The solitary, lumbering trolls of Scandinavian mythology would sometimes be turned to stone by exposure to sunlight. Barack Obama is hoping that several measures announced on June 4th will have a similarly paralysing effect on their modern incarnation, the patent troll.

2013 June 8, “Obama goes troll-hunting”, in The Economist, volume 407, number 8839, London: Economist Group, →ISSN, →OCLC, archived from the original on 2019-03-26, page 55:

Because software patents can cover vast areas of territory, they are the weapon of choice for "patent trolls": people or companies that hold patents but make no products, and bring patent-infringement lawsuits against companies that do make products, offering to settle for less than the cost of fighting the suit.

2014 March 28, Robin Feldman, “Slowing the patent trolls”, in The New York Times, New York, N.Y.: The New York Times Company, →ISSN, →OCLC, archived from the original on 2014-03-29:

(patent law, informal, derogatory) A company, person, etc., that owns and enforces patents in an aggressive and opportunistic manner, often with no intention of producing, marketing, or promoting the subjects of the patents.


PCT

Patent Cooperation Treaty
w:Patent Cooperation Treaty

(patent law) Initialism of Patent Cooperation Treaty.


patentably

en-adv

patentably (comparative more patentably, superlative most patentably)

more patentably (comparative)
most patentably (superlative)

The CREATE Act will now permit patents with patentably indistinct claims to be separately owned, but remain valid.

1998, Jerome Rosenstock, Patent Interference Practice Handbook, →ISBN, page 17-17:

If you included more than one embodiment and if the overall appearance or scope of the each embodiment is patentably distinct, a restriction will be required even though all embodiments are functionally the same.

2005, Kay H. Chin, United States Design Patent Do it Yourself!, →ISBN, page 58:


nonprovisional

Utility and plant patents support two types of applications, a provisional application and a nonprovisional application[…].

2005, Practical Engineering Design, →ISBN, page 157:

Two filing fees are therefore incurred, and the total exceeds that of the nonprovisional alone.

2007, M. Henry Heines, Patents for Business, →ISBN, page 179:

Nonprovisional patent applications undergo full Patent Office review and establish the filing date.

2011, Dean O. Smith, Managing the Research University, →ISBN, page 245:


patent trolling

/ˈpætənt ˌtɹəʊlɪŋ/

From patent troll, which is derived from patent + troll (“in folklore, a grotesque humanoid creature living in caves or hills, or under bridges”), a reference to trolls in folktales who block the path of travellers or threaten to harm them unless some payment is made.

(patent law, informal, derogatory) The practice of owning and enforcing patents in an aggressive and opportunistic manner, often with no intention of marketing or promoting the subjects of the patents


репер

ru-noun+

репе́р or ре́пер • (repér or réper) m inan (genitive репе́ра or ре́пера, nominative plural репе́ры or ре́перы, genitive plural репе́ров or ре́перов)

репе́р (canonical)
ре́пер (canonical)
repér (romanization)
réper (romanization)
репе́ра (genitive)
ре́пера (genitive)
репе́ры (nominative plural)
ре́перы (nominative plural)
репе́ров (genitive plural)
ре́перов (genitive plural)
репе́р (nominative singular)
ре́пер (nominative singular)
репе́ры (nominative plural)
ре́перы (nominative plural)
репе́ра (genitive singular)
ре́пера (genitive singular)
репе́ров (genitive plural)
ре́перов (genitive plural)
репе́ру (dative singular)
ре́перу (dative singular)
репе́рам (dative plural)
ре́перам (dative plural)
репе́р (accusative singular)
ре́пер (accusative singular)
репе́ры (accusative plural)
ре́перы (accusative plural)
репе́ром (instrumental singular)
ре́пером (instrumental singular)
репе́рами (instrumental plural)
ре́перами (instrumental plural)
репе́ре (prepositional singular)
ре́пере (prepositional singular)
репе́рах (plural prepositional)
ре́перах (plural prepositional)


troll patentowy

troll patentowy (nominative singular)
trolle patentowe (nominative plural)
trolla patentowego (genitive singular)
trolli patentowych (genitive plural)
trollowi patentowemu (dative singular)
trollom patentowym (dative plural)
trolla patentowego (accusative singular)
trolle patentowe (accusative plural)
trollem patentowym (instrumental singular)
trollami patentowymi (instrumental plural)
trollu patentowym (locative singular)
trollach patentowych (locative plural)
trollu patentowy (singular vocative)
trolle patentowe (plural vocative)

(patent law, informal, derogatory) patent troll


copyright troll

en-noun

copyright troll (plural copyright trolls)

(patent law, derogatory) A person or company that enforces copyrights that it holds for purposes of generating income through strategic litigation, in a manner considered unduly aggressive or opportunistic.


trademark troll

trademark troll (plural trademark trolls)

(patent law, derogatory) An entity that registers a trademark without intending to use it and who then threatens to sue others who use that mark.


spider in the web doctrine

(patent law) A doctrine in Dutch patent law governing cross-border injunctions in patent infringement cases, according to which the Dutch courts assume jurisdiction only in cases where the main defendant (the "spider") is located in the Netherlands and where the other defendants are part of a group of companies and act based on a common business policy of this group (the "web"), regardless of the nation in which the disputed patent was issued.