Intellectual Property Law Glossary

A formal notification demanding that the recipient stop an alleged illegal activity (such as IP infringement) and refrain from future violations, often a precursor to litigation.

A government-issued authorization allowing use of a patented invention without the patent holder's consent, typically for public interest purposes.

Legal protection for original works of authorship fixed in a tangible medium, granting exclusive rights to reproduce, distribute, perform, and create derivative works.

A work based upon one or more preexisting works, such as a translation, adaptation, or arrangement, which requires the copyright holder's permission to create.

A patent that protects the new, original, and ornamental design of a manufactured article for a term of 15 years from the grant date.

A U.S. federal law enacted in 1998 that addresses copyright issues in the digital environment, including anti-circumvention provisions and ISP safe harbors.

A legal doctrine permitting limited use of copyrighted material without authorization for purposes such as criticism, commentary, teaching, or research.

The unauthorized use, reproduction, or exploitation of intellectual property rights, violating the exclusive rights of the IP holder.

The primary federal trademark statute in the United States (1946) governing trademark registration, protection, and enforcement.

A contractual arrangement granting permission to use intellectual property under specified terms and conditions, often in exchange for royalties.

A legally binding contract establishing a confidential relationship between parties, prohibiting the sharing of specified proprietary information.

A government-granted exclusive right to make, use, and sell an invention for a limited time, in exchange for public disclosure of the invention.

The administrative process of applying for and negotiating a patent with a patent office, including filing, examination, and responding to office actions.

All publicly available information relevant to a patent's claims of novelty, including earlier patents, publications, and public use.

The body of works and knowledge not protected by IP rights, freely available for anyone to use without permission or payment.

A payment made to an IP owner in exchange for the right to use their intellectual property, typically calculated as a percentage of revenue or a fixed fee per unit.

When a descriptive mark acquires distinctiveness through extensive use, advertising, or recognition, allowing it to function as a source identifier eligible for trademark protection.

The overall visual appearance or image of a product or its packaging that indicates the source of the product to consumers.

Confidential business information that derives economic value from not being generally known and is subject to reasonable efforts to maintain its secrecy.

A distinctive sign, symbol, word, or phrase that identifies and distinguishes the source of goods or services from those of others.

A use of copyrighted material that adds new expression, meaning, or message to the original, which weighs in favor of fair use.

An international treaty administered by the WTO that sets minimum standards for IP regulation among member nations.

A patent that protects new and useful processes, machines, manufactures, or compositions of matter for a term of 20 years from the filing date.

A specialized agency of the United Nations dedicated to promoting the protection of intellectual property worldwide through cooperation among states and international treaties.

A legal doctrine under which a work created by an employee within the scope of employment is owned by the employer as the legal author.