Equivalents, Doctrine Of

Definition:
A rule of claim interpretation under which a product or process, although not a literal infringement, is still an infringement if it performs substantially the same way as the patented invention.

Fair use

Definition:
The purpose and character of the disputed use; the nature of the copyrighted work; the importance of the portion used in relation to the work as a whole; and the effect of the use on the potential market for or value of the copyrighted work.

Joint Inventor

Definition:
An inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception of the invention set forth in at least one claim in a patent application.

Misappropriation

Definition:
A common-law form of unfair competition where the defendant has copied or appropriated some item or creation of the plaintiff that is not protected by either patent law, copyright law, trademark law, or any other traditional theory of exclusive rights.

Universal Copyright Convention

Definition:
The UCC was created in 1952 through UNESCO to provide an international multilateral copyright treaty; the UCC remains significant in the countries that are UCC but not Berne Union members.

Publication

Definition:
The distribution of copies or phonorecords of a work to the public.

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