Information disclosure statement (IDS)

Cross-referenced

Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Cross-referenced

Prior art

All publicly available information that existed before a patent's priority date that is relevant to the novelty and non-obviousness of the claimed invention. Prior art includes earlier patents, published patent applications, journal articles, product manuals, conference presentations, and anything that was publicly known or in use. Searching prior art before filing is one of the most valuable steps an inventor can take.

Injunction

A court order stopping an infringer from making, using, or selling the infringing product. After eBay v. MercExchange, injunctions are no longer automatic — the patent owner must show irreparable harm and that money damages are inadequate.

Independent claim

A claim that stands on its own and does not reference any other claim. An independent claim defines the broadest scope of protection for a particular aspect of an invention. Most patents have one to three independent claims, each capturing the invention from a different angle, with multiple dependent claims narrowing each one.

Infringement

The unauthorized making, using, selling, or importing of a product or process that falls within the scope of a valid patent's claims. Infringement is determined by comparing each element of a patent claim to the accused product or process. If every element is present — literally or under the doctrine of equivalents — infringement exists.

Intellectual property (IP)

The legal category covering intangible creations of the mind that receive some form of legal protection. The four main types are patents (inventions), copyright (creative works), trademarks (brand identifiers), and trade secrets (confidential business information). Each type has different rules, durations, and protections — and they can overlap on the same product.