Pioneer Patent

(also termed a “Fundamental Patent“) is one of the most overused terms in intellectual property law. A pioneer patent discloses an invention that creates a new technical field or new technical direction in an existing field. The term is a hackneyed expression in litigation—everyone seems to want to dub theirs a “pioneer patent,” no matter how prosaic, derivative, or un-pioneering it might actually be. Nonetheless, it is fair to say that pioneer patents do exist. Contrast with Incremental Patent.

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