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Simple English definitions for legal terms
domination
Read a random definition: nient culpable
A quick definition of domination:
Domination is when an earlier patent has a big effect on a later patent because the earlier patent's claims are so broad that the later patent's invention will always be considered to be infringing on the earlier patent's claims. This means that the owner of the earlier patent has a lot of power over the owner of the later patent. They can't use the later invention without infringing on the earlier patent, and the owner of the earlier patent can't use the later invention without infringing on the later patent. This can lead to both parties seeking licenses or cross-licenses with each other.
A more thorough explanation:
Definition: Domination in patents refers to the effect that an earlier patent, usually a basic one, has on a later patent, especially one for improvements on the patented device. This happens because the earlier patent's claims are so broad or generic that the later patent's invention will always read on the earlier patent's claims, resulting in infringement. The earlier, basic patent's claims “dominate” the later-invented improvement, which encourages improvement- and basic-patentees to seek licenses or cross-licenses with each other.
Example: If A patents an improvement of B's patented invention, A cannot practice the improvement without infringing B's patent. Nor can B use the improvement without infringing A's patent. This standoff effect encourages improvement- and basic-patentees to seek licenses or cross-licenses with each other.
Explanation: This example illustrates how domination works in patents. The earlier patent, in this case, B's patent, has broad claims that cover A's improvement. Therefore, A's patent infringes on B's patent, and B cannot use A's improvement without infringing on A's patent. This situation creates a deadlock, and both parties need to seek licenses or cross-licenses to avoid infringement.