Intellectual property (IP)

Cross-referenced

Public domain

The status of an invention (or creative work) that is no longer — or never was — protected by any intellectual property rights, meaning anyone can use it freely. Patents enter the public domain after expiration (typically 20 years from filing for utility patents). Expired patents represent a vast, free library of technology available to all. Many foundational technologies — aspirin, the original CRISPR patents — have entered or are approaching the public domain.

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.

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.

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.