Biotechnology Patent Process Protection Act. Patents. A 1995 federal statute that made biotechnological processes per se patentable if either the process or the resulting material is novel and nonobvious. 35 USCA § 103(b). — Also termed Biotechnology Act.
biotechnology patent process protection act Read More »
Magnuson–Moss Warranty Act (mag-n[schwa]-s[schwa]n mawsormos). A federal statute requiring that a written warranty of a consumer product fully and conspicuously disclose, in plain language, the terms and conditions of the warranty, including whether the warranty is full or limited, according to standards given in the statute. 15 USCA §§ 2301–2312. [Cases: Consumer Protection 6. C.J.S.
magnuson– moss warranty act Read More »
national origin. The country in which a person was born, or from which the person’s ancestors came. • This term is used in several antidiscrimination statutes, including Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of an individual’s “race, color, religion, sex, or national origin.” 42 USCA § 2000e-2. [Cases:
tax-free exchange. A transfer of property for which the tax law specifically defers (or possibly exempts) income-tax consequences. • For example, a transfer of property to a controlled corporation under IRC (26 USCA) § 351(a) and a like-kind exchange under IRC (26 USCA) § 1031(a). [Cases: Internal Revenue 3184; Taxation 996. C.J.S. Internal Revenue §§
A corporation’s gross income less capital gains and certain expenses. • The IRS uses this calculation to determine whether a corporation is a personal holding company. If 60% or more of a corporation’s AOGI consists of certain passive investment income, the company has met the test for personal-holding-company classification. IRC (26 USCA) § 543(b). —
adjusted ordinary gross income Read More »
narrow-channel rule. The navigational requirement that a vessel traveling down a slim fairway must keep as near to the fairway wall on the vessel’s starboard side as is safe and practicable. 33 USCA § 2009(a)(i). [Cases: Collision 90. C.J.S. Collision §§ 160, 162, 165–174, 177, 180.]
narrow channel rule Read More »
A copyrightable creation that is based on a preexisting product; a translation, musical arrangement, fictionalization, motion-picture version, abridgment, or any other recast or adapted form of an original work. • Only the holder of the copyright on the original form can produce or permit someone else to produce a derivative work. 17 USCA § 101.
A patent whose application is being prosecuted at or near the same time as another, similar patent. • Continuing applications must be copending with an existing patent application. A copending patent may affect another patent’s validity if it discloses the same invention, or discloses some part of the invention that, combined with other prior art,
Indian tribe. A group, band, nation, or other organized group of indigenous American people, including any Alaskan native village, that is recognized as eligible for the special programs and services provided by the U.S. government because of Indian status (42 USCA § 9601(36)); esp., any such group having a federally recognized governing body that carries
Rejection of a patent application on the ground that the invention is the same subject matter as an already-patented invention by the same inventor. • This rejection is based on 35 USCA § 101. — Also termed same-invention double-patenting rejection. [Cases: Patents 120.]
statutory double patenting rejection Read More »