product claim
A patent claim that covers the structure, apparatus, or composition of a product.
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product by process claim
A patent claim defining a product through the process by which it is made. • The product-by-process claim is most often used to define new chemical compounds, such as drugs. [Cases: Patents 101(11).]
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Markush claim
A patent claim that includes elements listing alternative chemicals, materials, or steps in a process. • A Markush claim typically has language such as “selected from the group consisting of.” The alternatives must all give the same result, rather than patentably distinct products. The name derives from Ex parte Markush, 1925 Dec. Comm’r Pat. 126.
originality
Copyright. 1. The quality or state of being the product of independent creation and having a minimum degree of creativity. • Originality is a requirement for copyright protection. But this is a lesser standard than that of novelty in patent law: to be original, a work does not have to be novel or unique. Cf.
originality
originality. Copyright. 1. The quality or state of being the product of independent creation and having a minimum degree of creativity. • Originality is a requirement for copyright protection. But this is a lesser standard than that of novelty in patent law: to be original, a work does not have to be novel or unique.
element
element. 1. A constituent part of a claim that must be proved for the claim to succeed (Burke failed to prove the element of proximate cause in prosecuting his negligence claim). 2. Patents. A discretely claimed component of a patent claim. • For a prior-art reference to anticipate a claim, it must teach each and
manufacture
manufacture, n. Patents. A thing that is made or built by a human being, as distinguished from something that is a product of nature; esp. any material form produced by a machine from an unshaped composition of matter. • Manufactures are one of the statutory categories of inventions that can be patented. Examples of manufactures
combination
combination. 1. An alliance of individuals or corporations working together to accomplish a common (usu. economic) goal. See COMBINATION IN RESTRAINT OF TRADE . 2. CONSPIRACY. 3. STRADDLE. 4. Patents. A union of old and new elements in an invention. • The term encompasses not only a combination of mechanical elements but also a combination
inherency doctrine
inherency doctrine. Patents. The rule that anticipation can be inferred despite a missing element in a prior-art reference if the missing element is either necessarily present in or a natural result of the product or process and a person of ordinary skill in the art would know it. • On one hand, the doctrine precludes
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literal infringement
Patents. Infringement in which every element and every limitation of a patent claim is present, exactly, in the accused product or process. Cf. DOCTRINE OF EQUIVALENTS. [Cases: Patents 226. C.J.S. Patents §§ 400, 404, 406–407.]
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