Search Results for: GRANT OF RIGHTS

novodamus

novodamus (noh-v[schwa]-day-m[schwa]s), n. [Latin novo damus “we grant anew”] Scots law. 1. A clause in a charter that progressively grants certain rights anew. • The phrase appeared in reference to any charter by which a superior renewed a previous land grant to a vassal. 2. A charter containing such a clause. “This clause is subjoined

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laches

laches (lach-iz). [Law French “remissness; slackness”] 1. Unreasonable delay in pursuing a right or claim — almost always an equitable one — in a way that prejudices the party against whom relief is sought. — Also termed sleeping on rights. “Early in its history, Chancery developed the doctrine that where the plaintiff in equity delayed

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non obstante

non obstante (non ahb-stan-tee or [schwa]b-stan-tee), n. [Latin “notwithstanding”]. 1. Hist. A doctrine used by the Crown of England to give effect to certain documents, such as grants or letters patent, despite any laws to the contrary. • This doctrine was abolished by the Bill of Rights. 2. A phrase used in documents to preclude

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incentive theory

incentive theory. Intellectual property. The proposition that society grants creators exclusive rights to their intellectual property in order to stimulate further creativity. • The Patent and Copyright Clause of the U.S. Constitution declares that the purpose of exclusive-right protection is to “promote the Progress of Science and useful Arts.” U.S. Const. art. I, § 8,

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pardon

pardon, n. The act or an instance of officially nullifying punishment or other legal consequences of a crime. • A pardon is usu. granted by the chief executive of a government. The President has the sole power to issue pardons for federal offenses, and state governors have the power to issue pardons for state crimes.

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born valid

born valid. Patents. Presumed to be good; entitled to the legal presumption that a patent was justified when issued and that challengers bear the burden of proving by clear and convincing evidence that the patent should not have been granted. • Defenses against infringement claims take one of three tacks: denying that the product infringes

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hereditament

hereditament (her-[schwa]-dit-[schwa]-m[schwa]nt or h[schwa]-red-i-t[ schwa]-m[schwa]nt). 1. Any property that can be inherited; anything that passes by intestacy. [Cases: Descent and Distribution 8. C.J.S. Descent and Distribution §§ 9–12; Right of Privacy and Publicity§ 42.] 2. Real property; land. [Cases: Property 4. C.J.S. Property §§ 14–21, 23.] corporeal hereditament (kor-por-ee-[schwa]l). A tangible item of property, such

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