|
Inter Partes
In law, ''inter partes'' (Law Latin for 'between the parties' Accessed July 3, 2008.) is a that can be distinguished from '' in rem'', which refers to a legal action whose is based on the control of , or '' ex parte'', which refers to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Latin
Law Latin, sometimes written L.L. or L. Lat., and sometimes derisively referred to as Dog Latin, is a form of Latin used in legal contexts. While some of the vocabulary does come from Latin, much of it stems from English. Law Latin may also be seen as consisting of a mixture of English, French and Latin words superimposed over an English syntax. Law Latin was the language in which the legal opinions of English courts were recorded at least until the reign of George II. Under his reign, the Proceedings in Courts of Justice Act 1730 (effective from 1733) mandated that all records of legal proceedings in England were to be made in English rather than Latin. Law Latin was also used as the language of writs, royal charters, letters patent and many other legal instruments. As late as 1867, Law Latin was still in use in England and Scotland for some legal instruments. See also * Law French * List of legal Latin terms * Traditional English pronunciation of Latin The traditional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Status (law)
Legal status describes the legal rights, duties and obligations of a person or entity, or a subset of those rights and obligations. (defining "status") The term may be used to describe a person's legal condition with respect to personal rights, but excluding proprietary relations, such as their having the status of a spouse. It may also refer to legal capacity apart from other elements of personal status, such as the status of a minor, (defining "status") or the set of privileges, obligations, powers or restrictions that a person or entity receives through legislation.See, e.g., ''Recognition of unmarried cohabitation as a legal status worthy of protection'', 1 N.C. Family Law Practice § 1:5 The term may also refer to a person's legal condition as imposed by law but without consent, such as the status of an indentured servant when indentured servitude is enforced by law. Legal status may be something that arises solely by operation of law, such as being a Social Security ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem Jurisdiction
In law, ''in rem'' jurisdiction (Law Latin for "power about or against 'the thing) is a legal term referring to the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Personam
''In personam'' is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (in England & Wales known as Particulars of Claim (CPR 1999)) to give the court jurisdiction to try the case, and the Judgment (law), judgment applies to that person and is called an "in personam judgment". In personam is distinguished from ''in rem'', which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. ''In personam'' means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (''in rem'') then the action must be filed where the property exists and is only enforceable there. See also *Personal jurisdiction *''quasi in rem'' *''in rem'' *''sui iuris'' *Suitable age and discre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Trial And Appeal Board
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark. It has no authority to determine the right to use one, nor broader questions of infringement, unfair competition, damages or injunctive relief. The TTAB decides '' ex parte'' appeals from decisions by USPTO Examiners denying registration of marks, and inter partes proceedings challenging the registration of marks. Decisions of the TTAB may be appealed to a United States district court, or to the United States Court of Appeals for the Federal Circuit. Practices and procedures for litigating before the TTAB are governed by the Trademark Rules of Practice and the Federal Rules of Civil Procedure. The Trademark Trial and Appeal Board Manual of Procedure (TBMP) is an important guide to practice before the TTAB. Judges of the TTAB The Administrative Trademark Judges of the Trademark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inter Partes Review
In United States patent law, an ''inter partes'' review (IPR) is a procedure for challenging the validity of a United States patent before the United States Patent and Trademark Office. History The inter partes review procedure was enacted on September 16, 2012 as part of the Leahy–Smith America Invents Act, America Invents Act. It replaced a previous review procedure called Reexamination#Ex parte and inter partes reexaminations, ''inter partes'' reexamination, which in turn stemmed from Reexamination#Ex parte and inter partes reexaminations, ''ex parte'' reexamination proceedings. Under the ex parte system, any person at any time could challenge the validity of a patent on the basis that its claims were obvious or not new based on prior art. Under post-2012 inter partes review, petitioners must demonstrate a "reasonable likelihood that" the party challenging the patent at issue "would prevail" in the dispute, rather than requiring that it demonstrate a "substantial new question ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reexamination
In United States patent law, a reexamination is a process whereby anyone—third party or inventor—can have a U.S. patent reexamined by a patent examiner to verify that the subject matter it claims is patentable. To have a patent reexamined, an interested party must submit prior art, in the form of patents or printed publications, that raises a "substantial new question of patentability". The Leahy-Smith America Invents Act makes substantial changes to the U.S. patent system, including new mechanisms for challenging patents at the U.S. Patent and Trademark Office. One of the new mechanisms is a post-grant review proceeding, which will provide patent challengers expanded bases on which to attack patents. Process A request for a reexamination can be filed by anyone at any time during the period of enforceability of a patent. To request a reexamination, one must submit a "request for reexamination" which includes (1) a statement pointing out each "substantial new question of pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interference Proceeding
In United States patent law, an interference proceeding, also known as a priority contest, is an '' inter partes'' proceeding to determine the priority issues of multiple patent applications. Unlike in most other countries, which have long had a first-to-file system, until the enactment of the Leahy–Smith America Invents Act (AIA) in 2011, the United States operated under a first-to-invent. The interference proceeding determines which of several patent applications had been made by the first inventor. The AIA switched the US to a first-to-file regime effective March 16, 2013, and interferences apply only to patent applications with an effective filing date prior to that change. Definition An interference proceeding is an administrative proceeding conducted by a panel of administrative patent judges (administrative law judges sitting on the Board of Patent Appeals and Interferences) of the United States Patent and Trademark Office (USPTO) to determine which applicant is no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opposition Procedure Before The European Patent Office
The opposition procedure before the European Patent Office (EPO) is a post-grant, contentious, '' inter partes'', administrative procedure intended to allow any European patent to be centrally opposed. European patents granted by the EPO under the European Patent Convention (EPC) may be opposed by any person from the public (no commercial or other interest whatsoever need be shown). This happens often when some prior art was not found during the grant procedure, but was only known by third parties. An opposition can only be based on a limited number of grounds,"The function of Article 100 EPC is to provide, within the framework of the EPC, a limited number of legal bases, ie a limited number of objections on which an opposition can be based." iDecision G 1/95 (19 July 1996) reasons 4.1. i.e. on the grounds that the subject-matter of the patent is not patentable, that the invention is insufficiently disclosed, or that the content of the patent extends beyond the content of the ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Latin Legal Terms
A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin, or anglicized Law Latin. __TOC__ Common law Civil law Ecclesiastical law See also * Brocard (law) * Byzantine law * Code of Hammurabi * Corpus Juris Canonici * International Roman Law Moot Court * Law French * List of Latin abbreviations * List of Latin phrases (full) This article lists direct English translations of common Latin phrases. Some of the phrases are themselves translations of List of Greek phrases, Greek phrases. This list is a combination of the twenty page-by-page "List of Latin phrases" articles ... * List of fallacies * List of Philippine legal terms * List of Roman laws * Twelve Tables Notes References * Gabriel Adeleye & Kofi Acquah-Dadzie. ''World dictionary of foreign expressions: A resource for readers and writers''. Ed. by Thomas J. Sienkewicz & James T. McDono ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
