fencing patent

A patent procured for some aspect of an invention that the inventor does not intend to produce but that the inventor wants to prevent competitors from using in making improvements.

• By making a claim whose only purpose is to protect other claims, the inventor seeks to “fence in” any such competing improvements. Courts disfavor fencing claims.

— Also termed dominating patent. [Cases: Patents 121. C.J.S. Patents § 213.]

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词条贡献者

译员黎川，在一家顶尖澳洲律师事务所的上海办公室担任全职法律翻译，专注翻译各种与澳大利亚业务有关的法律文件。