negotiable, adj. 1. (Of a written instrument) capable of being transferred by delivery or indorsement when the transferee takes the instrument for value, in good faith, and without notice of conflicting title claims or defenses. [Cases: Bills and Notes 144. C.J.S. Bills and Notes; Letters of Credit§§ 127, 129–130, 143.] 2. (Of a deal, agreement, […]
Copyright Act of 1790. The first U.S. copyright law, which, like England’s Statute of Anne, gave authors copyright protection for 14 years, renewable for another 14 years, after which time the work then entered the public domain.
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The use of another’s name or likeness for one’s own benefit, esp. commercial gain. • This misappropriation tort protects one’s property right to the economic benefits flowing from the commercial use of one’s face or name.
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broadening of a claim. Patents. The enlargement of the scope of a patent claim to expand its coverage. • The broader a patent claim, the greater the scope of protection because more methods or devices may potentially infringe the claim. But drafting a claim broadly increases the risk that an accused infringer may successfully invalidate
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via regia (vI-[schwa] ree-jee-[schwa]). [Latin “the king’s highway”] Hist. The highway or common road — called the “king’s highway” because the king authorized and protected it.
petition in bankruptcy. A formal written request, presented to a bankruptcy court, seeking protection for an insolvent debtor. • The debtor (in a voluntary bankruptcy) or the debtor’s creditors (in an involuntary bankruptcy) can file such a petition to initiate a bankruptcy proceeding. [Cases: Bankruptcy 2257, 2290. C.J.S. Bankruptcy §§ 51, 57.]
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trademark-registration notice. A notice that a mark is protected by registration with the U.S. Patent and Trademark Office, shown by placing a symbol next to the mark. • In the U.S., the R-within-a-circle symbol (®) is common but the legend “Reg. U.S. Pat. Off.” is acceptable. Only federally registered marks may use this notice.
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Patents. Art to which one can reasonably be expected to look for a solution to the problem that a patented device tries to solve. • The term includes not only knowledge about a problem in a particular industry, but also knowledge accumulated in scientific fields whose techniques have been commonly employed to solve similar problems.
A judgment based on the evidence rather than on technical or procedural grounds. — Also termed decision on the merits.
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de libertate probanda (dee lib-[schwa]r-tay-tee proh-ban-d[schwa]), n. [Law Latin “for proving liberty”] Hist. A writ directing a sheriff to take security from a person accused of being a villein and to protect that person from harassment until the person’s status was determined by the justices of assize.
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