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LSDefine

Simple English definitions for legal terms

provisional right

Read a random definition: pioneer patent

A quick definition of provisional right:

A provisional right is a temporary right that allows the owner of a patent application to receive a reasonable payment if someone uses their invention without permission during the time between the publication of the application and the issuance of the patent. This right only applies if the invention claimed in the patent is the same as the one described in the published application.

A more thorough explanation:

A provisional right is a term used in patents. It refers to the right of the patent holder to receive a reasonable royalty for the use of their patented invention or process by someone who has been notified of the patent during the period between the publication of the patent application and the time the patent is issued.

This right is only available if the invention claimed in the issued patent is substantially identical to the invention claimed in the published application. This means that if the invention changes significantly between the time of publication and the time the patent is issued, the provisional right may not apply.

Let's say that John invents a new type of bicycle chain and files a patent application for it. The application is published, and a few months later, John discovers that someone else is using his invention without permission. John notifies the person of his patent application and continues with the patent process.

When John's patent is finally issued, he can claim a provisional right to receive a reasonable royalty from the person who was using his invention during the period between the publication of the patent application and the time the patent was issued. However, this right only applies if the invention claimed in the issued patent is substantially identical to the invention claimed in the published application.

In this example, if John had made significant changes to his invention between the time of publication and the time the patent was issued, the provisional right may not apply.

provisional patent application | provisional seizure

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BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
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