* Intellectual Property and International Law
Expert-defined terms from the Professional Certificate in Intellectual Property and Copyright Law course at London School of Planning and Management. Free to read, free to share, paired with a globally recognised certification pathway.
**Abstraction #
Filtration-Comparison Test:** A test used to determine whether a claimed invention is patentable, by analyzing the similarities and differences between the claimed invention and the prior art.
**Acceptance, Final #
** The last stage in the patent prosecution process, in which the patent office grants a patent after determining that the application meets all the requirements for patentability.
**Ad Interim Injunction #
** A temporary injunction granted by a court before the final resolution of a case, to prevent irreparable harm to one of the parties.
**Agent, Patent #
** A person authorized to act on behalf of an inventor or applicant in patent matters, such as preparing and filing a patent application.
**Anton Piller Order #
** A court order that allows a party to enter the premises of another party and seize evidence, typically in cases involving intellectual property infringement.
**Appeal #
** A legal process in which a party seeks to have a higher court review and overturn a decision made by a lower court or administrative agency.
**Berne Convention #
** An international treaty governing copyright law, which establishes minimum standards for the protection and enforcement of copyrights in signatory countries.
**Bolar Exception #
** An exception to patent infringement that allows generic drug manufacturers to conduct research and testing necessary to obtain regulatory approval before the patent on the brand-name drug expires.
**Compulsory Licensing #
** A legal mechanism that allows a government to force the owner of a patent or copyright to license their work to others, typically in cases of national emergency or public interest.
**Copyright #
** A legal right that gives the creator of an original work exclusive rights to reproduce, distribute, and display that work for a certain period of time.
**Copyright Term #
** The length of time during which a copyright holder has exclusive rights to their work, typically the life of the author plus a certain number of years.
**Damages, Statutory #
** A type of damages awarded in copyright infringement cases, based on a set amount established by law rather than actual harm suffered by the copyright holder.
**Defensive Publication #
** The practice of publishing a description of an invention in a public forum, such as a scientific journal, to establish a prior art reference and prevent others from obtaining a patent on the invention.
**Design Patent #
** A type of patent that protects the visual appearance of a product, rather than its functional features.
**Doctrine of Equivalents #
** A legal doctrine that allows a court to find infringement of a patent even if the accused product does not literally meet all the elements of the claimed invention.
**Domain Name #
** A unique name that identifies a website on the internet, typically in the format [www.example.com](http://www.example.com).
**Fair Use #
** A legal doctrine that allows limited use of copyrighted material without obtaining permission from the copyright holder, typically for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
**First #
to-File System:** A system used in some countries, including the United States, in which the first inventor to file a patent application is entitled to the patent, regardless of who was the first to invent.
**First #
to-Invent System:** A system used in some countries, including Canada, in which the first inventor to conceive and reduce to practice an invention is entitled to the patent, regardless of who was the first to file a patent application.
**Freedom to Operate #
** The ability of a company to conduct business without infringing on the intellectual property rights of others.
**Generic Drug #
** A drug that is chemically equivalent to a brand-name drug, but is produced and sold under a different name after the patent on the brand-name drug has expired.
**Infringement, Copyright #
** The unauthorized use of copyrighted material, typically in a way that violates one or more of the exclusive rights granted to the copyright holder.
**Infringement, Patent #
** The unauthorized manufacture, use, sale, or offer for sale of a patented invention without the permission of the patent holder.
**International Treaty on Plant Genetic Resources for Food and Agriculture (ITPG… #
**International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA):** An international treaty that aims to promote the conservation and sustainable use of plant genetic resources for food and agriculture, while ensuring fair and equitable benefit-sharing.
**Invalidity, Patent #
** The legal invalidation of a patent, typically due to the invention being obvious, anticipated by the prior art, or not meeting the requirements for patentability.
**Joint Ownership #
** A situation in which two or more parties have ownership rights in an intellectual property asset, such as a patent or copyright.
**Laches #
** A legal doctrine that can prevent a party from asserting a claim due to unreasonable delay in bringing the claim.
**License #
** A legal agreement that grants permission to use an intellectual property asset, typically in exchange for payment of a fee or royalty.
**License, Compulsory #
** A legal mechanism that allows a government to force the owner of a patent or copyright to license their work to others, typically in cases of national emergency or public interest.
**License, Exclusive #
** A license that grants the exclusive right to use an intellectual property asset to a single licensee.
**License, Non #
Exclusive:** A license that grants the right to use an intellectual property asset to multiple licensees.
**Madrid System #
** An international treaty that simplifies the registration of trademarks in multiple countries by allowing a single application to be filed with a single office.
**Patent #
** A legal right that gives the inventor of a new and useful process, machine, manufacture, or composition of matter exclusive rights to make, use, and sell that invention for a certain period of time.
**Patent Cooperation Treaty (PCT) #
** An international treaty that simplifies the patent application process by allowing a single application to be filed in multiple countries.
**Patent Examination #
** The process by which a patent office reviews a patent application to determine whether the invention meets the requirements for patentability.
**Patent Infringement #
** The unauthorized manufacture, use, sale, or offer for sale of a patented invention without the permission of the patent holder.
**Patent Prosecution #
** The legal process of obtaining a patent, including preparing and filing a patent application, responding to office actions, and appealing decisions.
**Patent Troll #
** A person or entity that acquires patents for the purpose of asserting them against others, typically to extract licensing fees or settlements.
**Plant Breeders' Rights #
** A legal mechanism that provides intellectual property protection for new plant varieties, similar to patents for inventions.
**Prior Art #
** Any evidence that a claimed invention was previously known or used, typically in the form of patents, publications, or products.
**Provisional Patent Application #
** A type of patent application that allows an inventor to establish an early filing date for their invention, but does not mature into a patent unless a corresponding non-provisional application is filed within one year.
**Remedies, Injunctive #
** A legal remedy that orders a party to stop engaging in a specific action, typically in cases involving intellectual property infringement.
**Remedies, Monetary #
** A legal remedy that awards money to a party as compensation for harm suffered, typically in cases involving intellectual property infringement.
**Restoration, Patent #
** A legal mechanism that allows a patent holder to regain their rights after a patent has expired due to non-payment of maintenance fees.
**Royalty #
** A payment made to the owner of an intellectual property asset for the right to use that asset.
**Statute of Limitations #
** A legal time limit within which a claim must be brought, after which the claim is barred.
**Supplementary Protection Certificate (SPC) #
** A type of intellectual property right that extends the term of a patent for a pharmaceutical or agrochemical product, to compensate for the time lost during regulatory approval.
**Term of Protection, Copyright #
** The length of time during which a copyright holder has exclusive rights to their work, typically the life of the author plus a certain number of years.
**Term of Protection, Patent #
** The length of time during which a patent holder has exclusive rights to their invention, typically 20 years from the date of filing.
**Trade Dress #
** The visual appearance of a product or its packaging, which can be protected under trademark law if it is distinctive and non-functional.
**Trademark #
** A distinctive sign or symbol used to identify and distinguish a product or service, typically in the form of a word, phrase, logo, or slogan.
**Trademark Clearinghouse (TMCH) #
** A centralized database of trademarks that is used to prevent cybersquatting in top-