Definitions

Definitions.

Short definitions of the intellectual property terms this site uses most. Each card links to a fuller explanation.

Trade Secret

Information that derives independent economic value from not being generally known, and that its owner has taken reasonable measures to keep secret.

Trademark

A word, name, symbol, or device used in commerce to identify and distinguish goods and indicate their source.

Patent

A grant from the U.S. government giving its owner the right to exclude others from making, using, selling, or importing the claimed invention for a limited term.

Trade Secret Misappropriation

Acquiring a trade secret by improper means, or using or disclosing it without consent in breach of a duty or knowing it was improperly obtained.

Likelihood of Confusion

Whether buyers are likely to be confused about who makes or sponsors goods or services; federal courts in Texas weigh eight factors called the digits of confusion.

Fair Use

A defense to copyright infringement that weighs the purpose and character of the use, the nature of the work, the amount taken, and the effect on the market.

Claim Construction

The judge's ruling on what disputed patent claim words mean, often called a Markman ruling; it frequently decides the case.

Inter Partes Review

A trial at the Patent Trial and Appeal Board where an accused infringer asks the Patent Office to cancel patent claims as anticipated or obvious over earlier patents and publications.

Patent License

Permission to use patented technology while the owner keeps ownership; it differs from an assignment, which transfers ownership of the rights.

Work Made for Hire

A work whose author, for copyright purposes, is the employer rather than the individual creator; it covers employee work in scope and certain specially commissioned works.

Design Patent

A patent protecting the new, original, and ornamental design of an article of manufacture, the way it looks, not how it works.

Trade Dress

The overall appearance of a product's packaging or a business's decor; it can be protected as a trademark if it is distinctive and not functional.

Patent litigation has its own vocabulary. The Patent Basics for Litigation guide ends with a 36-term glossary covering claim construction, inter partes review, the Patent Trial and Appeal Board, and the other terms a patent case turns on. The fuller explanations on this page link back to it where the terms overlap.