Injunction

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.

Information disclosure statement (IDS)

A filing in which a patent applicant tells the USPTO about the prior art they are aware of. Applicants have a duty of candor to disclose known material references; failing to do so can render the resulting patent unenforceable for inequitable conduct.

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.

Inter partes review (IPR)

An administrative proceeding at the PTAB that allows any person to challenge the validity of an already-granted patent based on prior art in patents or printed publications. IPR is significantly faster and cheaper than district court litigation. Roughly 60% of patent claims that reach a final decision in IPR are canceled. Large companies frequently use IPR to challenge startup patents without going to court.