Simple English definitions for legal terms
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An abandoned invention is an idea or creation that an inventor has given up on or failed to pursue, which can prevent them from obtaining a patent for it later. If an inventor abandons an imperfect version of their invention, they can still patent a later, improved version. A distinct invention is a part of an invention that can be used on its own, while an improvement invention is a betterment of an existing device or process. An independent invention is an idea that is not related to another invention, and a new-use invention is the discovery of a new use for an existing invention. A software-based invention uses innovative software to achieve results and may qualify for a patent.
Definition: An invention that an inventor has either deliberately stopped trying to exploit, or else acted in a way that precludes claiming the invention in a later patent.
Abandoned invention is a term used in patent law to describe an invention that an inventor has given up on or abandoned. This can happen if the inventor decides that the invention is not worth pursuing, or if they fail to take the necessary steps to protect their invention. If an inventor abandons their invention, they cannot later claim it in a patent application.
For example, if an inventor creates a new type of machine but decides not to pursue it further, they have abandoned the invention. They cannot later try to patent the machine or claim ownership of it.
Abandoned inventions are not considered prior art to later inventors unless they are publicly known. This means that if another inventor comes up with the same idea later, they can still patent it as long as the abandoned invention was not publicly known.
Abandonment of an imperfect form of an invention does not bar a patent on a later-perfected form. This means that if an inventor abandons an early version of their invention but later improves upon it, they can still patent the improved version.