Publication

...the publication is in an index, in open shelving in a library, etc. It is not an easy question.; and Third, with limited exceptions and some grace periods (e.g., 1 year in the U.S., six months in Japan), publishing an...

Object Code

Computer program expressed in machine code. Source code is translated by a compiler into object code. Unless the software is open source, it is almost always sold or supplied in object code format (either as a program or when embedded...

Comprising

...comprising a+b+c, something containing a+b+c+d could likely infringe, but a product with a+b+d would usually not (unless d was the equivalent of c). Such a claim is also usually described as an Open Claim. See Claims, Closed Claim, Consisting of....

Single Point of Contact (SPC) Clause

A clause in a contract, often a development contract, that provides for all requests, notices, demands, change orders, etc. from one contractual party to be directed to a named person or job-title at the other party. Such clauses may be...

Good Faith

Literally means behaving honestly with others. More specifically, dealing with someone in good faith means the intent to be fair and open in the negotiation, disclosing material facts, with the intent to follow through on any agreements arrived at. An...

Heads of Agreement, Heads of Terms

In a typical negotiation, key terms are resolved in discussion, such a price, delivery, assets conveyed, term, etc., and are recorded in what are known as the “heads of agreement” or “heads of terms,” which often will be in the...

Universal Copyright Convention

An international agreement adopted under the auspices of UNESCO under which the signatories undertake to protect copyright in rights of authors and other copyright proprietors in literary, scientific, and artistic works, including writings, musical, dramatic, and cinematographic works, and paintings,...

Small Entity

Most patent and trademark systems provide that ‘small entities’ can obtain a substantial discount on application and maintenance fees. Small entities are defined by the number of employees the business has, according to quite complex rules that vary both as...

Privilege

...the ‘bubble bursting theory.’) The exception in the U.S., usually subject to agreement, is the disclosure of Non-Liability Opinions. However, to prevent contrived opinions and opinion shopping, it is usual to require a party relying on such an opinion to...

PACER

Public Access to Court Electronic Records, an electronic public access service that allows subscribers to obtain case and docket information from most United States Federal Courts at a low cost-per-page. An account is necessary to access the service. Most good...