Definition
As pointed out by Peter Prescott QC, the expression "patent application" is ambiguous. It can bear two different meanings:
- The legal state of affairs that is constituted when a person requests the competent authority to grant him a patent and that request is still outstanding.
- The content of the document or documents which that person filed with a view to initiating the above; most pertinently, a description of the invention together with at least one claim purporting to define it.
The first of those – the request for a legal privilege to which you will be entitled if your application be well founded – is an institutional fact, and is temporal by its very nature. It ceases to exist as soon as your application is withdrawn, is refused, or is granted. The second of those, the informational content of the document as filed (or in other, prosaic words, the piece of paper), is a historical fact that never goes away, no matter what the Patent Office does, or anyone else does. It exists in perpetuity. The expression "application" is often employed without being conscious of its ambiguity. The expression is capable of misleading even experienced professionals.
Read more about this topic: Patent Application
Famous quotes containing the word definition:
“It is very hard to give a just definition of love. The most we can say of it is this: that in the soul, it is a desire to rule; in the spirit, it is a sympathy; and in the body, it is but a hidden and subtle desire to possess—after many mysteries—what one loves.”
—François, Duc De La Rochefoucauld (1613–1680)
“Although there is no universal agreement as to a definition of life, its biological manifestations are generally considered to be organization, metabolism, growth, irritability, adaptation, and reproduction.”
—The Columbia Encyclopedia, Fifth Edition, the first sentence of the article on “life” (based on wording in the First Edition, 1935)
“The physicians say, they are not materialists; but they are:MSpirit is matter reduced to an extreme thinness: O so thin!—But the definition of spiritual should be, that which is its own evidence. What notions do they attach to love! what to religion! One would not willingly pronounce these words in their hearing, and give them the occasion to profane them.”
—Ralph Waldo Emerson (1803–1882)