Malpractice Glossary Terms

Patents protect inventions and improvements to existing inventions. A patent grants an inventor permission to exclude others from making, using, offering for sale, or selling their invention in the United States or importing their invention into the United States. There are three types of patents: utility, design, and plant. Typically, utility and plant patent last 20 years from filing and design patents have a term of 14 years. A utility patent will expire during its term unless appropriate maintenance fees are timely paid. The U.S. Patent and Trademark Office (USPTO) issues patents but the owner has to enforce the patent without the help of the USPTO. Patents are issued and enforced by country.

Also known as “prescriptive periods”. In civil law, these are the laws that detail the maximum period of time that legal proceedings may be enacted after certain events. In common law, these legally maximum periods of time to begin legal proceedings are referred to as “statutes of limitation”.

The party (individual) or entity who starts a lawsuit against another party (the defendant) in a court of law.