patentee (pat-[schwa]n-tee). One who either has been granted a patent or has succeeded in title to a patent. • Although it might seem helpful to distinguish a patentee as a person to whom a patent is issued and a patent-holder as the owner of a patent, including the original grantee’s assigns, the Patent Act explicitly […]
patentee n. 专利权人 指被授予专利的发明人以及在此后通过受让而获得专利的所有人。任何在此后取得专利所有权的人继受取得「专利权人」之称号。也许有人认为，既然接受专利的人为「patentee」，那么授予专利权的政府或其专利机关应为「patentor」，但实际上后一用语在英文中从未使用过。
maintenance fee. 1. A periodic payment required to maintain a privilege, such as a license. 2. A charge for keeping an improvement in working condition or a residential property in habitable condition. — Also termed maintenance assessment. 3. A fee charged for reinvesting earnings and dividends in mutual funds. 4. Patents. The periodic charge that
An application by a patentee to change the scope of a patent that has already been issued, or to correct clerical or technological errors in the issued patent. • The scope of the claims can be broadened only if the application is made within two years of the date on which the patent was issued.
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nonassertion letter. Patents. A patentee’s written declaration that the holder does not intend to enforce the right to exclude others from practicing specified claims of a patent. • The patentee may choose to waive the right entirely or specify a time limit for the waiver. [Cases: Patents 82. C.J.S. Patents §§ 114–118.]
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Panduit test. Patents. A four-factor test for measuring profits lost because of patent infringement. • The patentee must prove (1) that there was a demand for the product; (2) that the patentee had the manufacturing and marketing capacity to meet that demand; (3) that there were no acceptable noninfringing alternatives on the market; and (4)
nonstaple. Patents. An unpatented thing or material that is a component of a patented product or is used in a patented process, but that has little or no other practical use. • Patentees have a limited right to control the market for nonstaples through tying agreements. But if the thing supplied is a staple, the
Patents. In a claim for patent infringement, the equitable defense that the patentee did not timely enforce the patent rights.
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An implied license that arises from the patentee’s tacit or passive acceptance of or implied consent to an otherwise infringing act.
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reasonable-apprehension test. Patents. A judicial analysis to decide whether there is a justiciable controversy between a patentee and an alleged infringer. • The test has two elements: (1) the patentee must make an explicit threat or take other action that makes another person reasonably believe that an infringement suit is likely, and (2) the other
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