Glossary Terms Related To Digital Rights Management & Copyright Topics

License

Definition:
A permission to use an intellectual property right, under defined conditions -- as to time, context, market line, or territory. In intellectual property law, important distinctions exist between "exclusive licenses" and "nonexclusive licenses."

Abandonment

Definition:
An application that has been declared abandoned is "dead" and no longer pending. Abandonment occurs under several circumstances. The most common reason is when the USPTO does not receive a response to an Office Action letter.

Patent

Definition:
In the United States, a grant by the federal government to an inventor of the right to exclude others from making, using, or selling the invention. There are three very different kinds of patents in the United States: a utility patent on the functional aspects of products and processes; a design patent on the ornamental design of useful objects; and a plant patent on a new variety of living plant. Patents do not protect "ideas," only structures and methods that apply technological concepts. In return for receiving the right to exclude others from a precisely defined scope of technology, industrial design, or plant variety, which is the gist of a patent, the inventor must fully disclose the details of the invention to the public.

Trade Dress

Definition:
The totality of elements in which a product or service is packaged or presented, such as the shape and appearance of a product or container, or the cover of a book or magazine.

Intellectual Property

Definition:
Certain creations of the human mind that have commercial value and are given the legal aspects of a property right.

Generic Term

Definition:
Terms that the relevant purchasing public understands primarily as the common or class name for the goods or services. These terms are incapable of functioning as trademarks denoting source, and are not registrable on the Principal Register under §2(f) or on the Supplemental Register.



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