Introduction to Intellectual Property Law
Expert-defined terms from the Professional Certificate in Intellectual Property Law course at London School of Business and Administration. Free to read, free to share, paired with a professional course.
Abandonment – the voluntary relinquishment of a pending IP right, usually… #
Related terms: Expiry, Revocation. Example: an applicant who does not respond to an office action may see the application abandoned. Practical application: monitoring deadlines to avoid unintended abandonment. Challenge: distinguishing intentional abandonment from inadvertent lapse.
Acquisition – the purchase or otherwise obtaining of an IP right from its… #
Related terms: Assignment, Licensing. Example: a company buys a portfolio of patents to strengthen its market position. Practical application: due‑diligence review of the title chain. Challenge: hidden encumbrances that may limit the value of the acquired right.
Amendment – a change filed with the IP office to modify the content of an… #
Related terms: Correction, Continuation. Example: narrowing the claims of a patent to overcome prior‑art objections. Practical application: timing amendments to preserve priority dates. Challenge: over‑amending may weaken the scope of protection.
Application – the formal request submitted to an IP office to obtain a ri… #
Related terms: Filing, Prosecution. Example: filing a utility patent application for a new device. Practical application: selecting the appropriate filing route (national, regional, international). Challenge: meeting complex procedural requirements within strict time limits.
Assignment – a written transfer of ownership of an IP right from one part… #
Related terms: Acquisition, License. Example: an inventor assigns his patent to a startup in exchange for equity. Practical application: recording the assignment with the relevant office to perfect title. Challenge: ensuring the assignment covers all existing and future rights, including continuations.
Author’s Right – a moral right protecting the personal connection between… #
Related terms: Moral Rights, Attribution. Example: a photographer insists on being credited whenever his photo is reproduced. Practical application: including author‑right clauses in publishing contracts. Challenge: variation in protection across jurisdictions, especially in the United States where moral rights are limited.
Beneficial Owner – the natural person who ultimately enjoys the benefits… #
Related terms: Legal Owner, Nominee. Example: a holding company holds patents on behalf of the founders who are the beneficial owners. Practical application: disclosing beneficial ownership in corporate filings. Challenge: opacity in complex corporate structures can impede enforcement.
Berne Convention – an international treaty establishing minimum standards… #
Related terms: TRIPS, WIPO. Example: a novel published in Japan is automatically protected in all Berne‑signatory countries. Practical application: relying on Berne provisions to enforce rights abroad without formal registration. Challenge: differences in moral‑right regimes among signatories.
Biotechnology Patent – a patent covering inventions in the life sciences,… #
Related terms: Gene Patent, Plant Variety Protection. Example: a patent on a CRISPR‑edited crop strain. Practical application: navigating ethical debates and regulatory restrictions. Challenge: heightened scrutiny and public policy considerations in many jurisdictions.
Brand – the overall perception and identity of a product or service, ofte… #
Related terms: Trademark, Trade Dress. Example: the “swoosh” logo that identifies a sports apparel company. Practical application: building brand equity through consistent IP enforcement. Challenge: protecting non‑trademark aspects of brand, such as reputation, against dilution.
Business Method Patent – a patent that claims a novel way of conducting b… #
Related terms: Software Patent, Algorithm. Example: a patent on an online payment processing system. Practical application: using patents to create barriers to entry. Challenge: varying eligibility standards; many jurisdictions exclude abstract ideas.
Cancellation – the administrative removal of a registered IP right, often… #
Related terms: Revocation, Invalidation. Example: a trademark cancelled after three years of non‑use. Practical application: monitoring opponents’ filings for potential cancellations. Challenge: defending against cancellation actions that may be filed opportunistically.
Certificate of Registration – the official document issued by an IP offic… #
Related terms: Grant, Record. Example: a copyright certificate issued by the U.S. Copyright Office. Practical application: using the certificate as evidence in infringement litigation. Challenge: maintaining the certificate’s validity through renewals where required.
Claim – the part of a patent application that defines the legal scope of… #
Related terms: Specification, Infringement. Example: an independent claim reciting a method of data compression. Practical application: drafting claims to balance breadth and enforceability. Challenge: overly broad claims may be rejected; overly narrow claims may be easy to design‑around.
Collective Mark – a trademark used by members of an association to indica… #
Related terms: Certification Mark, Service Mark. Example: a logo indicating that a product meets a regional quality standard. Practical application: allowing members to signal compliance. Challenge: ensuring that the collective mark is not used by non‑members.
Common Law Trademark – rights arising from actual use of a mark in commer… #
Related terms: Trademark Registration, Priority. Example: a small bakery using a name locally, gaining rights through continuous use. Practical application: establishing priority through evidence of first use. Challenge: limited geographic scope and weaker enforcement compared to registered marks.
Compulsory License – a government‑authorized permission to use a patented… #
Related terms: Statutory License, Patent Exhaustion. Example: a health authority granting a compulsory license for a life‑saving drug during a pandemic. Practical application: balancing public interest with patent incentives. Challenge: determining fair royalty rates and preventing abuse.
Confidentiality Agreement – a contract that obligates parties to keep cer… #
Related terms: Non‑Disclosure Agreement (NDA), Trade Secret. Example: a startup requiring investors to sign an NDA before revealing its prototype. Practical application: protecting unpatented ideas during negotiations. Challenge: enforcing NDAs across borders and ensuring the information qualifies as a trade secret.
Contributory Infringement – liability for providing components or service… #
Related terms: Induced Infringement, Vicarious Liability. Example: a manufacturer selling a chip specifically designed to bypass DRM. Practical application: monitoring supply chains for infringing components. Challenge: proving knowledge and intent.
COP – abbreviation for “Convention on the Protection of the Rights of Lit… #
Related terms: Berne Convention, WIPO. Example: referencing the COP in a copyright treaty analysis. Practical application: using the treaty’s provisions to argue for automatic protection. Challenge: navigating the treaty’s optional clauses.
Copyright – an exclusive right granted to creators of original works of a… #
Related terms: Author’s Right, Fair Use. Example: a software program protected by copyright. Practical application: registering works to obtain statutory damages. Challenge: distinguishing copyrightable expression from unprotectable ideas.
Copyright Infringement – unauthorized copying, distribution, public perfo… #
Related terms: Digital Millennium Copyright Act (DMCA), Fair Use. Example: a website hosting pirated movies. Practical application: issuing cease‑and‑desist letters and filing takedown notices. Challenge: balancing enforcement with legitimate user rights.
Copyright Notice – a statement placed on a work indicating ownership and… #
Related terms: Mark, Registration. Example: the © symbol on a book’s title page. Practical application: providing evidence of claim of ownership. Challenge: notice is optional in many jurisdictions, and its absence does not invalidate protection.
Creative Commons – a suite of public‑domain‑like licenses that allow crea… #
Related terms: Open License, Public Domain. Example: a photographer releasing images under a CC‑BY‑SA license. Practical application: facilitating sharing while preserving attribution. Challenge: ensuring license terms are correctly applied and understood by downstream users.
Design Patent – a form of protection for the ornamental appearance of a f… #
Related terms: Industrial Design, Trade Dress. Example: a unique shape of a consumer electronic device. Practical application: preventing competitors from copying the visual look. Challenge: limited term and narrower scope compared to utility patents.
Design Registration – the registration of an industrial design, protectin… #
Related terms: Design Patent, Trade Dress. Example: a pattern on a textile fabric registered with the national design office. Practical application: enforcing against unauthorized copying of the design. Challenge: proving substantial similarity in visual appearance.
Doctrine of Equivalents – a legal principle allowing a court to find infr… #
Related terms: Literal Infringement, Claim Construction. Example: a device that uses a different component but achieves the same result as a patented invention. Practical application: broadening the protective scope of patents. Challenge: unpredictable boundaries and the risk of over‑reach.
Doctrine of First Sale – the principle that once a copyrighted work is la… #
Related terms: Copyright Exhaustion, Resale. Example: a consumer reselling a purchased book. Practical application: allowing secondary markets. Challenge: digital goods often involve licensing rather than ownership, complicating exhaustion analysis.
Durable Right – an IP right that continues in force for a fixed term, suc… #
Related terms: Limited Term, Expiration. Example: a 20‑year patent term. Practical application: planning for post‑expiry commercialization. Challenge: managing the transition from protected to public‑domain status.
Enforcement – actions taken to assert and protect IP rights, including ne… #
Related terms: Litigation, Cease‑and‑Desist. Example: filing an infringement lawsuit against a counterfeit producer. Practical application: developing an enforcement strategy that balances cost and deterrence. Challenge: cross‑border enforcement and jurisdictional hurdles.
Exhaustion – the principle that the exclusive right of an IP holder is te… #
Related terms: Doctrine of First Sale, Parallel Import. Example: a patented drug sold abroad may be imported without the patent holder’s permission if exhaustion applies. Practical application: leveraging exhaustion to facilitate market entry. Challenge: differing exhaustion regimes (national vs. international) create uncertainty.
Fair Use – a statutory exception allowing limited use of copyrighted mate… #
Related terms: Copyright Infringement, DMCA. Example: quoting a short excerpt of a book in a scholarly article. Practical application: assessing the four‑factor test to determine legality. Challenge: unpredictable outcomes and jurisdictional variation.
Filing Date – the date on which an IP application is officially received… #
Related terms: Priority Date, First to File. Example: filing a patent application on March 1 establishes that date as the priority. Practical application: using the filing date to secure rights in fast‑moving technology fields. Challenge: ensuring timely filing to avoid loss of priority.
First to File – the patent system principle that the first applicant to f… #
Related terms: Filing Date, Priority. Example: two inventors independently develop the same technology; the one who files first receives the patent. Practical application: encouraging prompt disclosure. Challenge: may disadvantage small entities lacking resources for rapid filing.
First to Invent – the former U #
S. patent system principle that awarded rights to the inventor who first conceived the invention, regardless of filing date. Related terms: Statutory Invention Registration, Priority. Example: prior to the America Invents Act, an inventor could prove earlier conception to win a patent. Practical application: maintaining detailed invention records. Challenge: complex interference proceedings that were eliminated by the shift to first‑to‑file.
Geographical Indication – a sign used on products that have a specific ge… #
Related terms: Appellation d’Origine Contrôlée (AOC), Trademark. Example: “Champagne” for sparkling wine from the Champagne region. Practical application: protecting regional brands from misuse. Challenge: enforcing GI rights internationally, especially against counterfeit imports.
Goodwill – the intangible asset representing the reputation and customer… #
Related terms: Brand, Trade Dress. Example: the goodwill of a long‑standing restaurant chain. Practical application: valuing goodwill in mergers and acquisitions. Challenge: proving damage to goodwill in infringement cases.
Infringement – the unauthorized making, using, selling, or importing of a… #
Related terms: Litigation, Cease‑and‑Desist. Example: a competitor manufacturing a patented component without permission. Practical application: conducting infringement analysis to determine likelihood of success. Challenge: proving all elements of infringement, especially intent and knowledge.
Industrial Design – the ornamental aspect of an article that may be prote… #
Related terms: Design Patent, Trade Dress. Example: a unique pattern on a smartphone case. Practical application: registering designs to prevent copying. Challenge: distinguishing protectable design from functional features.
International Patent Application (PCT) – a single filing under the Patent… #
Related terms: Patent Cooperation Treaty, National Phase. Example: filing a PCT application to later enter Europe, Japan, and the United States. Practical application: deferring cost and decision while preserving priority. Challenge: managing divergent national requirements during the national phase.
Invention Disclosure – an internal document that records the details of a… #
Related terms: Prior Art, Patent Application. Example: a scientist submitting a disclosure form to the company’s IP department. Practical application: establishing an internal record to support later priority claims. Challenge: ensuring completeness and confidentiality.
Judicial Notice – a court’s recognition of a fact as already established,… #
Related terms: Evidence, Burden of Proof. Example: a court taking judicial notice that a trademark is well‑known. Practical application: streamlining proceedings. Challenge: limited to facts that are indisputable and widely known.
Judicial Review – the process by which courts examine the legality of adm… #
Related terms: Appeal, Administrative Law. Example: challenging a trademark refusal in a federal court. Practical application: using review to overturn unfavorable office actions. Challenge: limited scope of review and deference to agency expertise.
License – a contractual permission granted by the IP owner to another par… #
Related terms: Assignment, Royalty. Example: a software company licensing its code to a hardware manufacturer. Practical application: structuring exclusive vs. non‑exclusive licenses. Challenge: drafting clear scope to avoid inadvertent over‑granting.
Licensing Agreement – the written contract that sets out the terms and co… #
Related terms: License, Royalty. Example: a 5‑year exclusive license for a patented medical device. Practical application: negotiating royalty rates, field of use, and sublicensing rights. Challenge: monitoring compliance and enforcing breach remedies.
Limitation Period – the time frame within which a claim for infringement… #
Related terms: Statute of Limitations, Prescription. Example: a three‑year limitation for filing a patent infringement suit in many jurisdictions. Practical application: tracking deadlines to preserve legal rights. Challenge: differing periods across countries complicate global enforcement strategies.
Mark – a sign (word, logo, symbol, or combination) used to identify the s… #
Related terms: Trademark, Service Mark. Example: a stylized “M” design used on apparel. Practical application: registering the mark to obtain nationwide protection. Challenge: avoiding descriptive or generic marks that may be refused registration.
Material Change – a modification to a pending patent application that add… #
Related terms: Amendment, Continuation. Example: adding a new embodiment not originally disclosed. Practical application: ensuring the original disclosure fully captures the invention. Challenge: needing to file a continuation‑in‑part to incorporate new subject matter.
Medium – the format or carrier of a copyrighted work, such as print, digi… #
Related terms: Copyright, Distribution Right. Example: a novel released both as an e‑book and a paperback. Practical application: securing rights for each medium in publishing contracts. Challenge: new digital platforms may raise unforeseen licensing issues.
Merger Doctrine – a principle that a claim term that merges with the stru… #
Related terms: Claim Construction, Doctrine of Equivalents. Example: a claim reciting “a device comprising a processor” where the processor is essential to the invention. Practical application: drafting claims to avoid indefiniteness. Challenge: interpreting the doctrine across different jurisdictions.
Misappropriation – the unauthorized acquisition, use, or disclosure of a… #
Related terms: Trade Secret, Confidentiality Agreement. Example: an employee stealing a formula and revealing it to a competitor. Practical application: implementing robust security measures. Challenge: proving that the information qualifies as a trade secret and that reasonable steps were taken to protect it.
Monetary Damages – a remedy in IP litigation that compensates the rights… #
Related terms: Compensatory Damages, Statutory Damages. Example: a court awarding $2 million in royalties for patent infringement. Practical application: calculating damages based on market value. Challenge: obtaining reliable financial data and establishing causation.
National Phase – the stage of a PCT application where the applicant enter… #
Related terms: PCT, International Phase. Example: filing a national phase entry in the United Kingdom after the PCT deadline. Practical application: adapting the application to meet each office’s formal requirements. Challenge: managing multiple deadlines and translations.
Non‑Disclosure Agreement (NDA) – a contract obligating parties to keep di… #
Related terms: Confidentiality Agreement, Trade Secret. Example: a startup requiring potential investors to sign an NDA before revealing its prototype. Practical application: protecting pre‑patent inventions. Challenge: enforcing NDAs across jurisdictions with differing enforceability standards.
Non‑Obviousness – a patentability requirement that the invention must not… #
Related terms: Inventive Step, Prior Art. Example: a novel combination of known components that yields unexpected results. Practical application: conducting a “reasonable‑person” analysis. Challenge: subjective nature leads to inconsistent examination outcomes.
Obviousness – the condition where an invention lacks the requisite invent… #
Related terms: Non‑Obviousness, Prior Art. Example: substituting an existing material with a similar one that does not produce a new effect. Practical application: preparing arguments to overcome an obviousness rejection. Challenge: predicting examiner’s perspective.
Opposition – a procedural mechanism allowing third parties to challenge t… #
Related terms: Cancellation, Revocation. Example: filing an opposition against a new trademark that is likely to cause confusion. Practical application: protecting market space from conflicting marks. Challenge: meeting strict filing deadlines and evidentiary standards.
Patent – an exclusive right granted for a new, useful, and non‑obvious in… #
Related terms: Patent Application, Utility Patent. Example: a patented method for producing a biodegradable polymer. Practical application: leveraging patents to secure investment. Challenge: high cost of prosecution and maintenance.
Patent Application – the formal request for a patent, containing a specif… #
Related terms: Patent, Prosecution. Example: filing a utility patent for a novel battery technology. Practical application: drafting a specification that fully discloses the invention. Challenge: meeting stringent disclosure and claim requirements.
Patent Attorney – a legal professional licensed to practice before patent… #
Related terms: Patent Agent, IP Counsel. Example: a patent attorney drafting claims for a biotech invention. Practical application: navigating complex procedural rules. Challenge: staying current with evolving case law and statutory changes.
Patent Agent – a non‑lawyer qualified to practice before a patent office,… #
Related terms: Patent Attorney, Patent Examiner. Example: a patent agent handling a portfolio of mechanical patents. Practical application: cost‑effective prosecution for small entities. Challenge: limited to patent matters; cannot provide broader legal advice.
Patent Exhaustion – the doctrine that a patentee’s rights are exhausted a… #
Related terms: Exhaustion, First Sale. Example: a consumer reselling a patented device purchased abroad. Practical application: planning distribution strategies to retain market control. Challenge: differing national approaches to exhaustion create uncertainty for multinational licensing.
Patent Infringement – the unauthorized making, using, selling, offering f… #
Related terms: Infringement, Litigation. Example: a competitor manufacturing a device that falls within the scope of the patented claims. Practical application: conducting a “freedom‑to‑operate” analysis. Challenge: interpreting claim language and dealing with the doctrine of equivalents.
Patent Litigation – legal proceedings to enforce or defend patent rights,… #
Related terms: Infringement, Damages. Example: a lawsuit challenging the validity of a patent while alleging infringement. Practical application: selecting appropriate forum (federal court, specialized IP court). Challenge: high cost and technical complexity.
Patent Prosecution – the process of interacting with a patent office to o… #
Related terms: Patent Application, Examination. Example: responding to a non‑final rejection with claim amendments. Practical application: strategic timing of amendments to preserve priority. Challenge: managing examiner expectations and avoiding unnecessary delays.
Patent Troll – a pejorative term for entities that acquire patents primar… #
Related terms: Non‑Practicing Entity (NPE), Litigation. Example: a company buying patents on wireless standards and suing manufacturers. Practical application: assessing risk of NPE activity in licensing negotiations. Challenge: distinguishing legitimate enforcement from abusive practices.
Patent Eligibility – the legal criteria determining whether subject matte… #
g., abstract ideas, laws of nature, and natural phenomena are excluded). Related terms: Subject Matter, Patentability. Example: a software algorithm may be ineligible unless tied to a specific technical improvement. Practical application: drafting claims to satisfy eligibility requirements. Challenge: evolving jurisprudence creates uncertainty for emerging technologies.
Patent Portfolio – a collection of patents owned by an individual or orga… #
Related terms: Patent Family, Asset Management. Example: a semiconductor company maintaining a broad portfolio covering process technologies. Practical application: using the portfolio to negotiate cross‑licensing deals. Challenge: high maintenance costs and the need for regular audit.
Patent Prosecution Highway (PPH) – a program that allows accelerated exam… #
Related terms: Accelerated Examination, Fast‑Track. Example: using the USPTO‑Japan PPH to fast‑track a filing after a positive examination in Japan. Practical application: reducing time to grant. Challenge: ensuring claim correspondence and meeting procedural requirements.
Patent Prior Art – any evidence that the claimed invention was already kn… #
Related terms: Novelty, Search. Example: a published article describing the same method. Practical application: conducting prior‑art searches before filing. Challenge: the vast amount of global literature and unpublished data.
Patent Search – the process of locating existing patents and publications… #
Related terms: Prior Art, Freedom‑to‑Operate. Example: searching the USPTO and EPO databases for similar technologies. Practical application: informing filing strategy and claim drafting. Challenge: incomplete coverage of non‑published or foreign language documents.
Patent Term – the period during which a granted patent confers exclusive… #
Related terms: Expiration, Extension. Example: a patent filed on January 1 2020 expires on January 1 2040. Practical application: planning product life cycles around patent expiry. Challenge: obtaining extensions for certain pharmaceutical patents subject to regulatory delay.
Patent Troll – (duplicate entry removed to maintain uniqueness) #
Patent Troll – (duplicate entry removed to maintain uniqueness)
Plagiarism – the unauthorized copying or close imitation of another’s cop… #
Related terms: Copyright Infringement, Fair Use. Example: reproducing a poem in a magazine without credit. Practical application: implementing citation policies. Challenge: distinguishing accidental similarity from intentional theft.
Post‑Grant Review – a proceeding before a patent office that allows third… #
Related terms: Inter Partes Review (IPR), Reexamination. Example: filing a post‑grant review in the USPTO to contest a patent’s obviousness. Practical application: using the process to clear a thicket of patents. Challenge: strategic timing and cost considerations.
Preliminary Injunction – an equitable remedy that orders a party to refra… #
Related terms: Injunction, Equitable Relief. Example: a court issuing a preliminary injunction to stop the sale of infringing products. Practical application: preserving market share during litigation. Challenge: meeting the high standard of irreparable harm and likelihood of success.
Prior Art – any evidence existing before a given date that may be relevan… #
Related terms: Patent Search, Non‑Obviousness. Example: a conference paper published two years before a patent filing. Practical application: using prior art to argue lack of novelty. Challenge: locating obscure or unpublished material.
Procedural Defect – a flaw in the filing or prosecution process that can… #
Related terms: Formality, Rejection. Example: failure to include required drawings in a patent application. Practical application: conducting a compliance check before filing. Challenge: remedying defects after the deadline may be impossible.
Public Domain – the status of works or inventions that are not protected… #
Related terms: Expiration, Dedication. Example: a patent that has expired and entered the public domain. Practical application: leveraging public‑domain assets for new products. Challenge: confirming that no residual rights (e.g., trademarks) still apply.
Qualified IP Professional – a person who meets the statutory requirements… #
Related terms: Patent Attorney, Trademark Attorney. Example: a qualified IP professional filing a trademark application on behalf of a client. Practical application: ensuring representation complies with local rules. Challenge: limited numbers of qualified professionals in some jurisdictions.
Qualifying Statement – a declaration made by an applicant asserting that… #
g., non‑obviousness). Related terms: Declaration, Affidavit. Example: a statement in a European patent application confirming inventive step. Practical application: supporting the examination process. Challenge: false statements can lead to invalidity.
Quick‑Response (QR) Code – a two‑dimensional barcode that can be used to… #
Related terms: Trademark, Trade Dress. Example: a logo that includes a QR code directing consumers to a website. Practical application: integrating branding with digital functionality. Challenge: demonstrating distinctiveness for registration.
Reciprocal License – a licensing arrangement where each party grants the… #
Related terms: Cross‑License, Standards‑Essential Patent (SEP). Example: two smartphone manufacturers exchanging licenses to each other’s patents. Practical application: facilitating interoperability. Challenge: ensuring fair, reasonable, and non‑discriminatory (FRAND) terms.
Reexamination – a post‑grant proceeding where a patent office re‑examines… #
Related terms: Post‑Grant Review, Inter Partes Review. Example: a request for reexamination after discovering a prior‑art reference missed during original prosecution. Practical application: clearing invalid patents from a portfolio. Challenge: limited to issues of novelty and non‑obviousness, not procedural defects.
Registered Design – a protection for the visual appearance of a product,… #
Related terms: Industrial Design, Design Patent. Example: a registered design for a decorative lamp shade. Practical application: exclusive rights to copy the design. Challenge: maintaining registration through renewal fees.
Registration – the act of recording an IP right with a governmental autho… #
Related terms: Certificate of Registration,