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Lexicon: Making sense of Intellectual Property jargon

Don’t let the legalese put you off from considering the important IP issues involved in innovation activities! Here are some frequently encountered terms, explained.

  • Anticipation
    noun | an·tic·i·pa·tion |

    During prosecution of a patent application, claims can be rejected by the USPTO based on the grounds of anticipation, as defined in 35 U.S.C.102(a). An invention is anticipated if there are prior inventions or disclosures that indicate that the invention lacks novelty and is therefore not patentable. Lack of novelty can also be used to invalidate an existing patent.

  • Best Mode
    noun | best·mode |

    “Best Mode” is one of the disclosure requirements for obtaining a patent. The inventor must disclose the best way he knows of carrying out his invention, which could include specific materials or methods. The goal of this requirement is to obtain full disclosure from inventors so that others can practice the invention.

  • Compulsory License
    noun | com·pul·so·ry li·cense |

    In some limited circumstances, copyrighted materials can be used without the consent of their owners. These exceptions are established by specific statutes and include cable retransmission and “mechanical licensing”, which affects certain musical recordings. Appropriate compensation such royalties must still be paid to the copyright holder in exchange for the compulsory license.

  • Dilution
    noun | di·lu·tion |

    Famous trademarks are protected from someone other than their owners using them in a way that may diminish the distinctiveness of the trademark or harm its reputation. Dilution can happen when a trademark becomes unfavorably associated with a similar mark ("tarnishment"), or when it is used in a way that undermines the connection between the famous trademark and its owner ("blurring").

  • Exhaustion
    noun | ex·haus·tion |

    In patent law, a patent owner’s rights are said to be exhausted after the first sale of the patented product. This signifies that the patent owner no longer has any right to control the patented product after he has sold it, and that the owner of the purchased product can use it or sell it without fear of being sued. Patent exhaustion is sometimes used as a defense against patent infringement.


This website does not provide legal advice. Any content related to legal principles and/or concepts is for informational purposes only. Nothing on this site should be considered to be legal advice or used as a substitute for legal advice.

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Best Mode
noun | best·mode |

One of the disclosure requirements for obtaining a patent. The inventor must disclose the best way he knows of carrying out his invention, which could include specific materials or methods. The goal of this requirement is to obtain full disclosure from inventors so that others can practice the invention.

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