Simple English definitions for legal terms
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Reduction to Practice: When someone comes up with an idea for an invention, they need to turn that idea into a real thing or a detailed plan that someone else can follow to make it. This is called "reducing the idea to practice." It's important because it helps determine who gets a patent for the invention and when.
Definition: Reduction to practice refers to the embodiment of an invention, either by physically constructing and operating it or by filing a patent application with a disclosure that teaches a person skilled in the art how to make and work the invention without undue experimentation. The date of reduction to practice is crucial in determining priority between inventors competing for a patent on the same invention.
Example: If two inventors come up with the same idea, the one who reduces the invention to practice first (either by building it or filing a patent application) will have priority over the other.
Definition: Invention refers to a patentable device or process created through independent effort and characterized by an extraordinary degree of skill or ingenuity. It can also refer to the act or process of creating such a device or process. Invention encompasses the concept of nonobviousness.
Example: The invention of the telephone by Alexander Graham Bell is an example of a patentable device created through independent effort and characterized by an extraordinary degree of skill or ingenuity.
Definition: Abandoned invention refers to an invention that an inventor has either deliberately stopped trying to exploit or acted in a way that precludes claiming the invention in a later patent. Abandonment bars a patent on that invention under the Patent Act.
Example: If an inventor comes up with an idea but decides not to pursue it further, or if they publicly disclose the invention without filing a patent application, the invention may be considered abandoned and cannot be patented later.
Definition: A distinct invention refers to one part of an invention that can be used on its own, and the absence of which will not prevent the remainder of the invention from working.
Example: A car engine is a distinct invention that can be used on its own, but it is also a part of the larger invention of a car. The absence of the engine would prevent the car from working, but the engine itself can be used in other applications.
Definition: An improvement invention refers to a nontrivial and nonobvious betterment of an existing device or process.
Example: The invention of the electric car is an improvement invention because it is a betterment of the existing gasoline-powered car. The electric car is nontrivial and nonobvious because it requires a different power source and technology to operate.
Definition: Independent invention refers to an invention that bears no relation to another invention, especially to another invention covered in the same patent application.
Example: If an inventor comes up with two unrelated ideas, they cannot be covered in the same patent application. The inventor must file separate applications for each invention.
Definition: New-use invention refers to the discovery of a new use for an existing invention.
Example: The discovery that Viagra, originally developed as a treatment for heart disease, could also be used to treat erectile dysfunction is an example of a new-use invention.
Definition: A software-based invention refers to a device or machine that uses innovative software to achieve results.
Example: The invention of a new algorithm that improves the performance of a computer program is an example of a software-based invention. The physical components and the underlying software are usually not separately patentable.