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Patent - Law Dictionary Search Results

Home Dictionary Name: patent

Letters-patent, or letters overt

Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...


patent

patent [Anglo-French, from Latin patent- patens, from present participle of patēre to be open] 1 a : open to public inspection see also letters patent at letter b : secured or protected by a patent [a nonexclusive license to produce and sell the product] [sought to enforce her rights against infringement] 2 : of, relating to, or concerned with the granting of patents esp. for inventions [a lawyer] [involved in litigation] 3 : readily seen, discovered, or understood [a defect] [if no bad faith or abuse is ] compare latent pat·ent·ly adv [pat-nt] n 1 : an official document conferring a right or privilege : letters patent at letter 2 a : the right to exclude others from making, using, or selling an invention or products made by an invented process that is granted to an inventor and his or her heirs or assigns for a term of years see also intellectual property at property compare copyright, trademark NOTE: A patent may be granted for a process, act, or method t...


Patent

Patent, means a patent granted under this Act. [Patents Act, 1970 (39 of 1970), s. 2 (1) (m)]The effect of the grant of a patent is quid pro quo, quid is the knowledge disclosed to the public and quo is the monopoly granted for the term of the patent. S. 12 of the Patents and Designs Act, 1911 sets out that a patent once granted confers on the patentee the exclusive privilege of making, selling and using the invention throughout India and of authorising others so to do. This is the quo. The quid is compliance with the various provisions resulting in the grant of the patent, Raj Parkash v. Mangat Ram Choudhary, AIR 1978 Del 1.Means a grant of some privilege, property, or authority, made by the Government or sovereign of a country to one or more individuals, Aphali Pharmaceuticals Ltd. v. State of Maharashtra, AIR 1989 SC 2227 (2235): (1989) 4 SCC 378....


Patent medicine

Patent medicine, A patent medicine means medicine in respect of which a patent is in force, Aphali Pharmaceuticals v. State of Maharashtra, AIR 1989 SC 2227 (2235): (1989) 4 SCC 2227.Patent or proprietary medicines are--(1) those enumerated in the schedule to the (English) Medicine Stamp Act, 1812; (2) all other medicines intended for human use and claimed to be made by a secret process or protected by letters-patent, or which have been advertised as beneficial to the prevention, cure, or relief of any ailment or disorder affecting the human body. Under the (English) Medicine Stamp Acts, 1802 and 1804, duties were imposed on each bottle or package according to the price. These duties are payable by the manufacturers and collected by means of labels of appropriate amounts, so affixed to the packages as to be destroyed when they are opened. The duties were doubled by the Finance Act, 1915: this increased rate has been continued from year to year. The schedule to the Act of 1812 exempts f...


Letters patent

Letters patent, is derived from Latin word 'literae patentes.' The letters patent are so called because 'they are open letters; they are not sealed up, but exposed to view, with the great seal pendant at the bottom; and are usually directed or addressed by the king to all his subjects at large. And therein they differ from certain other letter of the king, sealed also with the great seal, but directed to particular persons, and for particular purposes, which therefore, not being proper for public inspection, are closed up and sealed on the outside, and are thereupon called writs close, literae clause, and are recorded in the close-rolls, in the same manner as the others are in the patent-rolls.' (See Blackstones Commentaries on the Laws of England, volume II, pages 284-285), P.V. Hemlatha v. K.P.M. Saheeda, AIR 2002 SC 2445 (2457): (2002) 5 SCC 548. [Civil Procedure Code, s. 98(3)]Means letters patent are open letters; they are not sealed up, but exposed to view, with the great seal pe...


Patent agent

Patent agent.--By s. 84 of the (English) Patents and Designs Act, 1907, as amended by Patents and Designs Act, 1932 (22 & 23 Geo. 5, c. 32), this expression 'means exclusively an agent for obtaining patents in the United Kingdom'; and by the same section no person can so term himself unless he is registered in pursuance of the Act.Means a person for the time being registered under this Act as a patent agent. [Patents Act, 1970 (39 of 1970), s. 2(n)]...


Patent and proprietary medicines

Patent and proprietary medicines, a 'patent medicine' means medicine in respect of which a patent is in force, 'proprietary' means of a proprietor, that is, holding proprietary rights. Patent means a grant of some privilege, property, or authority made by the government or sovereign of a country to one or more individuals. A proprietor is one who has the legal right or exclusive title to anything. On a comparison of the earlier Explanation and the substituted Explanation earlier, Patent and proprietary meant a drug. In the substituted explanation, it means any medicinal preparation, Aphali Pharmaceuticals Ltd. v. State of Maharashtra, AIR 1989 SC 2227 (2235): (1989) 4 SCC 378: (1989) Supp 1 SCR 129....


Patented article and patented process

Patented article and patented process, means respectively an article or process in respect of which a patent is in force. [Patents Act, 1970 (39 of 1970), s. 2 (1) (o)]...


reissue patent

reissue patent : a patent that is issued to fix defects (as invalid claims) of an original patent and that replaces and is granted for the remainder of the term of the original patent ...


Patent Cooperation Treaty

Patent Cooperation Treaty, means the patent cooperation treaty done at Washington on the 19th day of June, 1970 as amended and modified from time to time. [The Patents Act, 1970, s. 2(oa)]...


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