National Historic Site ( NHS ) and National Historical Park ( NHP ) are designations for officially recognized areas of nationally historic significance in the United States. They are usually owned and managed by the federal government. An NHS usually contains a single historical feature directly associated with its subject, while an NHP is an area that generally extends beyond single properties or buildings to include a mix of historic and later structures and sometimes significant natural features.
94-672: Lowell National Historical Park is a National Historical Park of the United States located in Lowell, Massachusetts . Established in 1978 a few years after Lowell Heritage State Park , it is operated by the National Park Service and comprises a group of different sites in and around the city of Lowell related to the era of textile manufacturing in the city during the Industrial Revolution . In 2019,
188-469: A decree by which new and inventive devices had to be communicated to the Republic in order to obtain legal protection against potential infringers. The period of protection was 10 years. As Venetians emigrated, they sought similar patent protection in their new homes. This led to the diffusion of patent systems to other countries. The English patent system evolved from its early medieval origins into
282-519: A planned community design. Specifically Lowell was planned as reaction to the mill communities in Great Britain , which were perceived as cramped and inhumane. Some called it the "Lowell Experiment", which was an attempt at creating a manufacturing center with a combination of production efficiency with democratic morals and social structure. Initially the factories of Lowell were built with ample green space and accompanying clean dormitories, in
376-453: A company helping another company to create a patented product or selling the patented product which is created by another company. There is also inducement to infringement, which is when a party induces or assists another party in violating a patent. An example of this would be a company paying another party to create a patented product in order to reduce their competitor's market share. This is important when it comes to gray market goods, which
470-596: A conceptual framework, whereby both new and existing park units would be examined more holistically for ways to study history such as "creating social movements and institutions," "developing the American economy," and "peopling places." In the 20th century, potential new park units have been recommended not so much on "an orderly, balanced, and comprehensive" preservation of "outstanding examples", as Chief Historian Ronald Lee put it, but on those mandated to be studied by Congress, most of whose requests are recommended against by
564-403: A non-obvious inventive step. A patent is requested by filing a written application at the relevant patent office. The person or company filing the application is referred to as "the applicant". The applicant may be the inventor or its assignee. The application contains a description of how to make and use the invention that must provide sufficient detail for a person skilled in the art (i.e.,
658-759: A park is not itself "historic", but can be called "historical" when it contains historic resources. It is the resources which are historic, not the park. There are 63 national historical parks. Klondike Gold Rush International Historical Park was formally established by the United States and Canada in 1998, the year of the centennial of the gold rush the park commemorates. The park comprises Klondike Gold Rush National Historical Park in Washington and Alaska (above) and Chilkoot Trail National Historic Site in British Columbia. Tens of thousands of prospectors took this trail in hopes of making their fortunes in
752-417: A patent covers or the "scope of protection". After filing, an application is often referred to as " patent pending ". While this term does not confer legal protection, and a patent cannot be enforced until granted, it serves to provide warning to potential infringers that if the patent is issued, they may be liable for damages. Once filed, a patent application is "prosecuted" . A patent examiner reviews
846-408: A patent. In the United States, however, only the inventor(s) may apply for a patent, although it may be assigned to a corporate entity subsequently and inventors may be required to assign inventions to their employers under an employment contract. In most European countries, ownership of an invention may pass from the inventor to their employer by rule of law if the invention was made in the course of
940-511: A prohibited act that is protected against by the patent. There is also the Doctrine of Equivalents. This doctrine protects from someone creating a product that is basically, by all rights, the same product that is protected with just a few modifications. In some countries, like the United States, there is liability for another two forms of infringement. One is contributory infringement, which is participating in another's infringement. This could be
1034-400: A right to make or use or sell an invention. Rather, a patent provides, from a legal standpoint, the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent , which is usually 20 years from the filing date subject to the payment of maintenance fees . From an economic and practical standpoint however, a patent
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#17327836782511128-609: A style that anticipated such later architectural trends as the City Beautiful movement in the 1890s. Lowell attracted both immigrants from abroad and migrants from within New England and Quebec (including a large proportion of young women, known as Lowell mill girls ) who lived in the dormitories and worked in the mills. The textile industry in New England experienced a sharp decline after World War II and by
1222-513: A third party, without authorization from the patentee, makes, uses, or sells a patented invention. Patents, however, are enforced on a national basis. The making of an item in China, for example, that would infringe a US patent, would not constitute infringement under US patent law unless the item were imported into the US. Infringement includes literal infringement of a patent, meaning they are performing
1316-555: A unified procedure for filing patent applications to protect inventions in each of its contracting states along with giving owners a 30-month priority for applications as opposed to the standard 12 the Paris Convention granted. A patent application filed under the PCT is called an international application, or PCT application. The steps for PCT applications are as follows: 1. Filing the PCT patent application 2. Examination during
1410-419: A walk-through museum with living recreations of the textile manufacturing process in the 19th century. The walking tour includes a detour to a memorial to local author Jack Kerouac , who described the mid-20th century declined state of Lowell in several of his books. A walkway along the river leads to several additional unrestored mill sites, providing views of restored and unrestored canal raceways once used by
1504-477: A yearly basis. Some countries or regional patent offices (e.g. the European Patent Office ) also require annual renewal fees to be paid for a patent application before it is granted. In the US, patent maintenance fees are due on 3.5, 7.5 and 11.5 anniversaries of the patent issuance. Only ca. 50% of issued US patents are maintained full term. Large corporations tend to pay maintenance fees through
1598-506: Is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years. Some countries have other patent-like forms of intellectual property , such as utility models , which have a shorter monopoly period. The word patent originates from the Latin patere , which means "to lay open" (i.e., to make available for public inspection). It
1692-419: Is a shortened version of the term letters patent , which was an open document or instrument issued by a monarch or government granting exclusive rights to a person, predating the modern patent system. Similar grants included land patents , which were land grants by early state governments in the US, and printing patents , a precursor of modern copyright . In modern usage, the term patent usually refers to
1786-438: Is an originally established park and did not replace a previously established site. Chronological order of superintendents: Regional affiliation in chronological order Among the notable features of the park are: The park includes a visitor center, as well as many restored and unrestored sites from the 19th century. The visitor center provides a free self-guided tour of the history of Lowell, including display exhibits such as
1880-532: Is being sought. A patent may include many claims, each of which defines a specific property right. Under the World Trade Organization 's (WTO) TRIPS Agreement , patents should be available in WTO member states for any invention, in all fields of technology , provided they are new , involve an inventive step , and are capable of industrial application . Nevertheless, there are variations on what
1974-597: Is better and perhaps more precisely regarded as conferring upon its proprietor "a right to try to exclude by asserting the patent in court", for many granted patents turn out to be invalid once their proprietors attempt to assert them in court. A patent is a limited property right the government gives inventors in exchange for their agreement to share details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged , assigned or transferred, given away, or simply abandoned. A patent, being an exclusionary right, does not necessarily give
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#17327836782512068-449: Is even more pronounced when the number of patent applications is normalized by the country's population each year, or when the country of origin rather than country of filing is used. For the US, the population-normalized peak in patenting occurred in 1915, and the number of subsequent patents induced per patent has been mostly declining since 1926. A study of 4,512 patents obtained by Stanford University between 1970 and 2020 showed that
2162-726: Is evidence that some form of patent rights was recognized in Ancient Greece in the city of Sybaris , the first statutory patent system is generally regarded to be the Venetian Patent Statute of 1474. However, recent historical research has suggested that the 1474 Statute was inspired by laws in the Kingdom of Jerusalem that granted monopolies to developers of novel silk-making techniques. Patents were systematically granted in Venice as of 1474, where they issued
2256-492: Is not yet owned or formally developed by the National Park Service, but may eventually be owned and established as a national historic site. National historical parks tend to be larger and more complex than national historic sites. In the United States, sites are "historic", while parks are "historical". The NPS explains that a site can be intrinsically historic, while a park is a modern legal invention. As such,
2350-623: Is patentable. Patentable material must be synthetic, meaning that anything natural cannot be patented. For example, minerals, materials, genes, facts, organisms, and biological processes cannot be patented, but if someone were to apply an inventive, non-obvious, step to them to synthesize something new, the result could be patentable. That includes genetically engineered strains of bacteria, as was decided in Diamond v. Chakrabarty. Patentability also depends on public policy and ethical standards. Additionally, patentable materials must be novel, useful, and
2444-436: Is sent by the patent office, or the patent application is granted, which after the payment of additional fees, leads to an issued, enforceable patent. In some jurisdictions, there are opportunities for third parties to bring an opposition proceeding between grant and issuance, or post-issuance. Once granted the patent is subject in most countries to renewal fees to keep the patent in force. These fees are generally payable on
2538-547: Is the Paris Convention for the Protection of Industrial Property , initially signed in 1883. The Paris Convention sets out a range of basic rules relating to patents, and although the convention does not have direct legal effect in all national jurisdictions, the principles of the convention are incorporated into all notable current patent systems. The Paris Convention set a minimum patent protection of 20 years, but
2632-463: Is therefore only useful for protecting an invention in the country in which that patent is granted. In other words, patent law is territorial in nature. When a patent application is published, the invention disclosed in the application becomes prior art and enters the public domain (if not protected by other patents) in countries where a patent applicant does not seek protection, the application thus generally becoming prior art against anyone (including
2726-434: Is when a patent owner sells a product in country A, wherein they have the product patented, then another party buys and sells it, without the owner's permission, in country B, wherein the owner also has a patent for the product. With either national or regional exhaustion being the law the in country B, the owner may still be able to enforce their patent rights; however, if country B has a policy of international exhaustion, then
2820-655: The Jamestown Settlement and Yorktown battlefield in Virginia as one of the first new historical areas, and it was renamed a national historical park in 1936. It then established Morristown National Historical Park , the 1779–1780 winter encampment of the Continental Army in New Jersey, on March 2, 1933, as the first NHP: The U.S. House committee noted that the new designation was logical for
2914-462: The Klondike River district of Yukon . Download coordinates as: Patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and
Lowell National Historical Park - Misplaced Pages Continue
3008-707: The Middlesex Canal (completed in 1803) linking the Merrimack to the Charles River , which flows through Boston , and with the powerful 32' Pawtucket Falls. The already existent Pawtucket Canal , designed for transportation around the Pawtucket Falls on the Merrimack, became the feeder canal for a 5.6-mile long system of power canals based around the falls. Unlike many other mill towns, however, Lowell's manufacturing facilities were built based on
3102-589: The Nagoya Protocol to the Convention on Biological Diversity and its system of Access and Benefit-Sharing . Representatives of Indigenous peoples view the GRATK Treaty as a "first step towards guaranteeing just and transparent access to these resources." Before filing for an application, which must be paid for whether a patent is granted or not, a person will want to ensure that their material
3196-603: The National Park Service (NPS). Some federally designated sites are owned by local authorities or privately owned, but are authorized to request assistance from the NPS as affiliated areas. One property is managed by the U.S. Forest Service , Grey Towers National Historic Site . Since October 15, 1966, all historic areas, including NHPs and NHSs, in the NPS are automatically listed on the National Register of Historic Places (NRHP). There are also about 90,000 NRHP sites,
3290-475: The U.S. Congress was passed on April 10, 1790, titled "An Act to promote the progress of useful Arts". The first patent under the Act was granted on July 31, 1790, to Samuel Hopkins of Vermont for a method of producing potash (potassium carbonate). A revised patent law was passed in 1793, and in 1836 a major revision was passed. The 1836 law instituted a significantly more rigorous application process, including
3384-465: The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) mandating patent disclosure requirements for patents based on genetic resources and associated traditional knowledge from being granted. The Treaty contemplates revocation for patents incorrectly filed. The treaty, and in particular its planned extension, is seen as complementing
3478-637: The World Trade Organization (WTO) being particularly active in this area. The TRIPS Agreement has been largely successful in providing a forum for nations to agree on an aligned set of patent laws. Conformity with the TRIPS agreement is a requirement of admission to the WTO and so compliance is seen by many nations as important. This has also led to many developing nations, which may historically have developed different laws to aid their development, enforcing patents laws in line with global practice. Internationally, there are international treaty procedures, such as
3572-596: The patent model of a loom by local inventor S. Thomas. A footpath along the Merrimack Canal from the visitor center is lined with plaques describing the importance of various existing and former sites along the canal. The Boott Mills along the Merrimack River, on the Eastern Canal, is the most fully restored manufacturing site in the district, and one of the oldest. The Boott Mill provides
3666-575: The 18th century through a slow process of judicial interpretation of the law. During the reign of Queen Anne , patent applications were required to supply a complete specification of the principles of operation of the invention for public access. Legal battles around the 1796 patent taken out by James Watt for his steam engine , established the principles that patents could be issued for improvements of an already existing machine and that ideas or principles without specific practical application could also legally be patented. The English legal system became
3760-539: The 1950s, the Mission 66 program revived historic studies that had lagged during World War II and saw the creation of the National Historic Landmarks program as a method to recognize important sites. From the 1960s to 1990s, the NPS evolved from a thematic framework, in which numerous specific themes and subthemes of American history were expected to each be included in some way in the system, to
3854-627: The 1960s, many of the Lowell's textile mill buildings were abandoned. In the late 1960s and early 1970s, several important forces came together from which emerged the Lowell National Historical Park. Congressman F. Bradford Morse assisted in the city's selection for "Model Cities" status; Brendan Fleming, UMass Lowell (UML) Math Department faculty member, after his election to the Lowell City Council proposed
Lowell National Historical Park - Misplaced Pages Continue
3948-565: The Industrial Revolution. Lowell is also represented to be the most significant planned industrialized city in the United States, which is a very important historical aspect in United States history. Another factor is that the immigration of different ethnic groups during the late nineteenth and early twentieth century was represented in Lowell's neighborhoods. Preserving this area of land would allow for these representations to still be preserved in Lowell's neighborhoods. Even though
4042-623: The Interior , but most have been authorized by acts of Congress . In 1937, the first NHS was created in Salem, Massachusetts , in order to preserve and interpret the maritime history of New England and the United States. There is one National Historic Area in the US park system, a unique designation given to the Aleutian World War II National Historic Area . There is one International Historic Site in
4136-698: The Lowell Historic Preservation Commission. In 1990, The Trust for Public Land assisted the National Park Service in acquiring 3 acres for the purpose of housing the headquarters for the Lowell National Historical Park. Lowell National Historic Park was established by the Lowell Establishment Act in 1978. Lowell National Historical Park was established due to its significant cultural and historical sites and structures. This significance of these cultural and historical sites and structures symbolized aspects of
4230-444: The NPS developed criteria for nationally significant historic sites in the late 1930s, it aimed to identify unique sites that could each tell a broad story and would fit together to cover all aspects of American history. Surveys of sites were guided by themes and chronologies to ensure a diverse and comprehensive selection of those most representative of different eras and geographies, with less political influence over site selection. In
4324-692: The NPS's mandate. In 1935, Congress passed the Historic Sites Act ( Pub. L. 49–666 ), which established that "it is a national policy to preserve for public use historic sites, buildings and objects of national significance for the inspiration and benefit of the people of the United States." This expanded upon the Antiquities Act of 1906, which gave the President the ability to order "the protection of objects of historic and scientific interest." The Historic Sites Act directed
4418-461: The NPS. A 1973 NPS publication outlined policies for administration of historical areas, which were distinct from its natural and recreational areas. This included not only NHSs and NHPs but also national military parks, national battlefields, national battlefield parks, national battlefield sites, national memorials, and some national monuments; at that time there were 178 such areas, and management focused on "maintaining and where necessary restoring
4512-555: The National Park Service to survey historic sites which may be of national significance, as well as restore and acquire properties. The Historic American Buildings Survey began to document the country's architectural heritage and identify buildings for potential protection. Initially the Secretary of the Interior could designate national historic sites, though this did not include funding for acquition or administration without congressional action. Salem Maritime National Historic Site
4606-835: The UK, substantive patent law is contained in the Patents Act 1977 as amended. In the United States, the Constitution empowers Congress to make laws to "promote the Progress of Science and useful Arts ...". The laws Congress passed are codified in Title 35 of the United States Code and created the United States Patent and Trademark Office . There is a trend towards global harmonization of patent laws, with
4700-517: The US park system, a unique designation given to Saint Croix Island , Maine, on the New Brunswick border. The title, given to the site of the first permanent French settlement in America, recognizes the influence that it has had on both Canada and the United States. The NPS does not distinguish among these designations in terms of their preservation or management policies. The following site
4794-545: The US, plant breeders' rights are sometimes called plant patents , and utility models and Gebrauchsmuster are sometimes called petty patents or innovation patents . The additional qualification utility patent is sometimes used (primarily in the US) to distinguish the primary meaning from these other types of patents. Particular types of patents for inventions include biological patents , business method patents , chemical patents and software patents . Although there
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#17327836782514888-445: The applicant) who might seek patent protection for the invention in those countries. Commonly, a nation or a group of nations forms a patent office with responsibility for operating that nation's patent system, within the relevant patent laws. The patent office generally has responsibility for the grant of patents, with infringement being the remit of national courts. The authority for patent statutes in different countries varies. In
4982-472: The area and set a new precedent, with comparison to the national military parks , which were then in the War Department. The park's establishment allowed the NPS to have an administrative historical program with professional historians. President Franklin D. Roosevelt reorganized the agency to also oversee memorials and military parks with historic significance later in 1933, substantially broadening
5076-530: The benefits of using each other's patented inventions. Freedom Licenses like the Apache 2.0 License are a hybrid of copyright/trademark/patent license/contract due to the bundling nature of the three intellectual properties in one central license. This can make it difficult to enforce because patent licenses cannot be granted this way under copyright and would have to be considered a contract. In most countries, both natural persons and corporate entities may apply for
5170-412: The city of Lowell had a large budget for cultural and historical preservation, they would still need the assistance of the federal government to ensure that all necessary early buildings and structures were preserved. The extra protection and funding by the federal government will allow for the preservation of these lands. By establishing Lowell as a National Park that is protected by the federal government,
5264-400: The course of the 20th and 21st centuries, however, disparity is still prevalent. In the UK, for example, only 8% of inventors were female as of 2015. This can partly be attributed to historical barriers for women to obtain patents, as well as to the fact that women are underrepresented in traditionally "patent-intensive" sectors, particularly STEM sectors. Marcowitz-Bitton et al. argue that
5358-654: The establishment of an examination system. Between 1790 and 1836 about ten thousand patents were granted. By the American Civil War about 80,000 patents had been granted. In the US, married women were historically precluded from obtaining patents. While section 1 of the Patent Act of 1790 did refer to "she", married women were unable to own property in their own name and were also prohibited from rights to their own income, including income from anything they invented. This historical gender gap has lessened over
5452-423: The first Historic District "The Mill and Canal District" which was approved in 1972; Gordon Marker, executive director of Model Cities and an urban planner, was instrumental in designing the concept for an Urban Park based on Historic Preservation and Economic Revitalization; Patrick Mogan, Education Administrator and later Superintendent of Schools, was primarily interested in Lowell's children and strongly advocated
5546-575: The first modern patent system that recognised intellectual property in order to stimulate invention; this was the crucial legal foundation upon which the Industrial Revolution could emerge and flourish. By the 16th century, the English Crown would habitually abuse the granting of letters patent for monopolies . After public outcry, King James I of England (VI of Scotland ) was forced to revoke all existing monopolies and declare that they were only to be used for "projects of new invention". This
5640-630: The foundation for patent law in countries with a common law heritage, including the United States, New Zealand and Australia . In the Thirteen Colonies , inventors could obtain patents through petition to a given colony's legislature. In 1641, Samuel Winslow was granted the first patent in North America by the Massachusetts General Court for a new process for making salt. The modern French patent system
5734-404: The full term, while small companies are more likely to abandon their patents earlier, even though the due fees are ca. 5 times lower for small businesses (microentities). The costs of preparing and filing a patent application, prosecuting it until grant and maintaining the patent vary from one jurisdiction to another, and may also be dependent upon the type and complexity of the invention, and on
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#17327836782515828-510: The gender gap in patents is also a result of internal bias within the patent system. The number of patent applications filed each year has been growing for most countries although not smoothly, and jumps in activity are often observed due to changes in local laws. The high number of patent families for Spain in the 1800s is related to the superior preservation and cataloguing of the data by Spanish Patent and Trademark Office compared to other countries (see 1836 U.S. Patent Office fire ). The US
5922-585: The historical integrity of structures, sites and objects significant to the commemoration or illustration of the historical story". But because most units contained a combination of natural, historic, and recreational lands, the General Authorities Act of 1970 made all areas equal within the National Park System ; separate policy manuals for each were replaced in 1975 with one that would tailor policies in each park respective to
6016-600: The history and significance of the Industrial Revolution, as well as cultural aspects would be preserved and shared with present and future generations. In 2012, The Lowell National Historical Park Land Exchange Act of 2012 was added to the original legislation to allow for land within park boundaries to be exchanged with land owned by the Commonwealth of Massachusetts, the city of Lowell, or the University of Massachusetts building authority. Lowell National Historic Park
6110-502: The international phase 3. Examination during the national phase. Alongside these international agreements for patents there was the Patent Law Treaty (PLT). This treaty standardized the filing date requirements, standardized the application and forms, allows for electronic communication and filing, and avoids unintentional loss of rights, and simplifies patent office procedures. Sometimes, nations grant others, other than
6204-415: The invention be exploited in the jurisdiction it covers. Consequences of not working an invention vary from one country to another, ranging from revocation of the patent rights to the awarding of a compulsory license awarded by the courts to a party wishing to exploit a patented invention. The patentee has the opportunity to challenge the revocation or license, but is usually required to provide evidence that
6298-571: The inventor's normal or specifically assigned employment duties, where an invention might reasonably be expected to result from carrying out those duties, or if the inventor had a special obligation to further the interests of the employer's company. Applications by artificial intelligence systems, such as DABUS , have been rejected in the US, the UK, and at the European Patent Office on the grounds they are not natural persons. The inventors, their successors or their assignees become
6392-511: The large majority of which are neither owned nor managed by the NPS. Of these, about 2,600 have been designated at the highest status as National Historic Landmark (NHL) sites. After its founding in 1916, the National Park Service initially oversaw sites of primarily scenic and natural significance, including national parks and national monuments . Historians soon began recommending preservation of sites relating to human history. Congress created Colonial National Monument in 1930 to protect
6486-437: The licensee the right to make, use, sell, or import the claimed invention, usually in return for a royalty or other compensation. It is common for companies engaged in complex technical fields to enter into multiple license agreements associated with the production of a single product. Moreover, it is equally common for competitors in such fields to license patents to each other under cross-licensing agreements in order to share
6580-717: The mills. Additionally, the park includes the Patrick J Mogan Cultural Center, which focuses on the lives of Lowell's many generations of immigrants. Other exhibits include a working streetcar line, canal boat tours exploring some of the city's gatehouses and locks, and the River Transformed / Suffolk Mill Turbine Exhibit, which shows how water power, the Francis Turbine , ran Lowell's textile factories. National Historical Park As of 2024, there are 63 NHPs and 85 NHSes. Most NHPs and NHSs are managed by
6674-671: The most significant aspect of the convention is the provision of the right to claim priority : filing an application in any one member state of the Paris Convention preserves the right for one year to file in any other member state, and receive the benefit of the original filing date. Another key treaty is the Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO) and covering more than 150 countries. The Patent Cooperation Treaty provides
6768-609: The park was included as Massachusetts' representative in the America the Beautiful Quarters series. First settled by Europeans in the 17th century, East Chelmsford (later renamed Lowell in honor of the founders' deceased business partner) became an important manufacturing center along the Merrimack River in the early 1820s. It was seen as an attractive site for the construction of a planned industrial city, with
6862-399: The patent application to determine if it meets the patentability requirements of that country. If the application does not comply, objections are communicated to the applicant or their patent agent or attorney through an Office action , to which the applicant may respond. The number of Office actions and responses that may occur vary from country to country, but eventually a final rejection
6956-412: The patent holder must sue someone infringing the patent in order to enforce their rights. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that
7050-400: The patent owner seeks monetary compensation ( damages ) for past infringement, and seeks an injunction that prohibits the defendant from engaging in future acts of infringement, or seeks either damages or injunction. To prove infringement, the patent owner must establish that the accused infringer practises all the requirements of at least one of the claims of the patent. (In many jurisdictions
7144-488: The patent owner the right to exploit the invention subject to the patent. For example, many inventions are improvements of prior inventions that may still be covered by someone else's patent. If an inventor obtains a patent on improvements to an existing invention which is still under patent, they can only legally use the improved invention if the patent holder of the original invention gives permission, which they may refuse. Some countries have "working provisions" that require
7238-427: The patent owner will have no legal grounds for enforcing the patent in country B as it was already sold in a different country. Patents can generally only be enforced through civil lawsuits (for example, for a US patent, by an action for patent infringement in a United States federal district court), although some countries (such as France and Austria ) have criminal penalties for wanton infringement. Typically,
7332-544: The patent owner, permissions to create a patented product based on different situations that align with public policy or public interest. These may include compulsory licenses, scientific research, and in transit in country. After two decades of drafting, the WIPO 's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore moved to a Diplomatic Conference in May 2024 and adopted
7426-562: The patent should never have been granted. There are several grounds for challenges: the claimed subject matter is not patentable subject matter at all; the claimed subject matter was actually not new, or was obvious to the person skilled in the art , at the time the application was filed; or that some kind of fraud was committed during prosecution with regard to listing of inventors, representations about when discoveries were made, etc. Patents can be found to be invalid in whole or in part for any of these reasons. Patent infringement occurs when
7520-679: The permission of the other proprietor(s). The ability to assign ownership rights increases the liquidity of a patent as property. Inventors can obtain patents and then sell them to third parties. The third parties then own the patents and have the same rights to prevent others from exploiting the claimed inventions, as if they had originally made the inventions themselves. The grant and enforcement of patents are governed by national laws, and also by international treaties, where those treaties have been given effect in national laws. Patents are granted by national or regional patent offices, i.e. national or regional administrative authorities. A given patent
7614-751: The preservation and sharing of their cultural experiences; and the Lowell Historical Society which opened the Lowell Museum in 1976. Together these circles of interest became a collaborating force led by United States Senator and Lowell native Paul Tsongas to enact legislation for a national park. In 1978, the United States Congress established the Lowell National Historical Park, the Lowell Historic Preservation District , and
7708-690: The procedures under the European Patent Convention (EPC) [constituting the European Patent Organisation (EPOrg)], that centralize some portion of the filing and examination procedure. Similar arrangements exist among the member states of ARIPO and OAPI , the analogous treaties among African countries, and the nine CIS member states that have formed the Eurasian Patent Organization . A key international convention relating to patents
7802-443: The proprietors of the patent when and if it is granted. If a patent is granted to more than one proprietor, the laws of the country in question and any agreement between the proprietors may affect the extent to which each proprietor can exploit the patent. For example, in some countries, each proprietor may freely license or assign their rights in the patent to another person while the law in other countries prohibits such actions without
7896-594: The purpose of zones within. National historic sites are generally federally owned and administered properties, though some remain under private or local government ownership. There are currently 86 NHSs, of which 76 are official NPS units, 9 are NPS affiliated areas, and one is managed by the United States Forest Service . Derived from the Historic Sites Act of 1935, a number of NHSs were established by United States Secretaries of
7990-400: The reasonable requirements of the public have been met by the working of invention. In most jurisdictions, there are ways for third parties to challenge the validity of an allowed or issued patent at the national patent office; these are called opposition proceedings . It is also possible to challenge the validity of a patent in court. In either case, the challenging party tries to prove that
8084-437: The relevant area of technology) to make and use the invention. In some countries there are requirements for providing specific information such as the usefulness of the invention, the best mode of performing the invention known to the inventor, or the technical problem or problems solved by the invention. Drawings illustrating the invention may also be provided. The application also includes one or more claims that define what
8178-468: The relevant country. Although an infringer is generally free to rely on any available ground of invalidity (such as a prior publication , for example), some countries have sanctions to prevent the same validity questions being relitigated. An example is the UK Certificate of contested validity . Patent licensing agreements are contracts in which the patent owner (the licensor) agrees to grant
8272-502: The right granted to anyone who invents something new, useful and non-obvious. A patent is often referred to as a form of intellectual property right, an expression which is also used to refer to trademarks and copyrights , and which has proponents and detractors (see also Intellectual property § The term "intellectual property" ). Some other types of intellectual property rights are also called patents in some jurisdictions: industrial design rights are called design patents in
8366-443: The scope of the patent may not be limited to what is literally stated in the claims, for example due to the doctrine of equivalents .) An accused infringer has the right to challenge the validity of the patent allegedly being infringed in a counterclaim . A patent can be found invalid on grounds described in the relevant patent laws, which vary between countries. Often, the grounds are a subset of requirements for patentability in
8460-431: The university's patenting activity plateaued in the 2010s. Incidentally, only 20% of Stanford patents in that dataset produced a positive net income for the university, while the rest was a net loss. Similar declines have been noted not only for the number of patents, but also for other measures of innovation output. Several hypotheses have been proposed as explanations for the observed decline: A patent does not give
8554-472: Was created during the Revolution in 1791. Patents were granted without examination since inventor's right was considered as a natural one. Patent costs were very high (from 500 to 1,500 francs). Importation patents protected new devices coming from foreign countries. The patent law was revised in 1844 – patent cost was lowered and importation patents were abolished. The first Patent Act of
8648-612: Was incorporated into the Statute of Monopolies (1624) in which Parliament restricted the Crown's power explicitly so that the King could only issue letters patent to the inventors or introducers of original inventions for a fixed number of years. The Statute became the foundation for later developments in patent law in England and elsewhere. Important developments in patent law emerged during
8742-596: Was the World's leader in terms of patent families filed between 1900 and 1966, when Japan took over. Since 2007 PR China leads. However, in most technologically advanced countries (see, for example, France, Italy, Japan, Spain, Sweden, the UK in the figure on the right, as well as in Poland ), the total (i.e. regardless of the priority/inventors' country) number of patent families filed there have been declining in absolute numbers since c. 1970s –1980s. The decline
8836-625: Was the first place to be preserved as a national historic site, created by Secretary Harold L. Ickes 's secretarial order on March 17, 1938. It had followed his designation of the Jefferson National Expansion Memorial in 1935; many historic sites in the National Park System continue to be protected under different designation types. Hopewell Furnace National Historic Site was designated later that year, another example of industrial heritage. As
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