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BUSINESS LAW GLOSSARY |
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Glossary of Patent Law Terms
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WIPO: World Intellectual Property Organization, an agency of the United Nations, that acts as a coordinating body for patent systems and procedures, as well as for trademark and copyright matters.
Willful Infringement: Conduct that constitutes an illegal use of another's patented invention where the infringer has no reasonable basis for believing that its actions are legal. A finding of willful infringement is a basis for increasing damages up to treble the actual amount and/or the award of attorneys' fees to the prevailing party. Good-faith reliance on the advice of counsel can be relevant to the issue of whether an infringement was willful.
Withdrawal: The permanent abandonment of a PCT patent application either before or after publication. Priority claims as well as elections of States and the demand may also be withdrawn.
Worked or Working: The condition of having met a country's requirement that an invention be put to use in some way. Most countries require "working" of a patent within a specified time after grant. Conditions for "working" requirements vary widely, from publication of availability of licenses to actual manufacture or sale of a product that embodies the claimed invention.
Written Description: A description of an invention which is written into a patent application. A requirement that a patent application clearly conveys what the inventor considered his invention to be to a person skilled in the art.
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