Over-Lawyering

...it is often associated with using very large legal teams. Over-lawyering does happen, but it is difficult to identify as lawyers, through experience, generally have better information than clients as to the actual magnitude of a given risk. On the...

Defensive Publication

In instances where a company has decided not to file a patent on technology it has developed, but intends to use, it may choose to publish a description of that technology in order to make it prior art to any...

CLOUT – Case Law on UNCITRAL Texts

...many issues, well regarded in many jurisdictions. However, the digest entries are submitted by local correspondents and if an entry proves potentially useful, it is advisable to obtain a copy of any judgment ‘digested’ and submit a translation of that...

Utility Model

Another term for “Petty Patent,” a form of patent protection granted by some countries that typically requires a lower level of innovation than a full patent. Such patents are creatures of national law and vary greatly in terms of the...

PAIR

The United States Patent and Trademark Office‘s Patent Application Information Retrieval system. Formerly accessible over the Internet, PAIR displayed information concerning patent applications including the full file wrapper of most patents filed after about 2001/2. PAIR had two sides, Public...

Patent Center

...Center allows ordinary members of the public to obtain information if they have a patent number or a patent application number; Private information requires registration and the use of a password and allows a patent holder and its agents to...

101, Section 101

Refers to 35 USC §101, the provision of the US Patent Law that established what is patentable, and inter alia, the US Novelty Requirement. It reads: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of...

Shuttle

...be describes as ‘sampling’ the prototype device. Production of devices on a wafer is heavily discounted, if not actually free. The reason is that the devices made and tested on the shuttle will have targeted the foundry’s process and will...

Reasonable and Non-Discriminatory (RAND) Terms

...since reasonableness is very much “in the eye of the beholder”; i.e., an offeror’s reasonable may often be an offeree’s unreasonable. When the alternate term FRAND (Fair Reasonable and Non-Discriminatory Terms) is used, the word “Fair” raises many of the...

Incoterms

...on Board), CIF (Cost, Insurance and Freight), DDU (Delivered Duty Unpaid), DDP (Delivered Duty Paid), CIP (Carriage and Insurance Paid To), FCA and CPT (Carriage Paid To). Although FOB is still commonly used, since the 2020 Incoterms revision, it is...