Antlike persistency refers to the conduct of a patent solicitor who attempts to exhaust the U.S. Patent and Trademark Office by continuously resubmitting patent claims until the office ultimately yields. Coined by Judge Learned Hand in 1924, this term carries a negative connotation within the patent industry.
Antlike persistency is a term coined by Judge Learned Hand in 1924 to describe the relentless efforts of a patent solicitor to wear down the U.S. Patent and Trademark Office until the patent claims are approved. It involves the solicitor submitting additional arguments and evidence, filing appeals, and persisting for months or even years until the desired outcome is achieved. This term carries a negative connotation as it suggests that the solicitor may be excessively persistent and attempting to manipulate the system to their advantage.
Antlike persistency refers to the behavior of an individual or entity to persistently pursue a goal or objective with determination and diligence, similar to the persistence of an ant in achieving its goals.
No, antlike persistency is not a legal term in the traditional sense. It is a metaphorical expression used to describe a certain type of behavior.
While antlike persistency is not a recognized legal defence, it may be used to demonstrate a party’s commitment to a particular cause or objective in a legal dispute.
In contract law, antlike persistency may be relevant in cases where one party is accused of breaching a contract, and the other party can demonstrate their persistent efforts to fulfill their obligations under the contract.
Antlike persistency may be considered harassment if it involves unwanted and persistent behavior that causes distress or interference with another person’s rights.
Antlike persistency may be considered a factor in determining liability in personal injury cases if it can be shown that a party’s persistent actions or negligence led to the injury.
In intellectual property law, antlike persistency may be relevant in cases of trademark or copyright infringement, where a party can demonstrate their persistent efforts to protect their intellectual property rights.
Antlike persistency may be used as evidence in a criminal trial to demonstrate a defendant’s intent or motive in committing a crime.
While antlike persistency is generally seen as a positive trait, there may be legal limitations if it involves illegal or unethical behavior.
A lawyer can help in a case involving antlike persistency by gathering evidence, presenting arguments, and advocating for their client’s rights based on the principles of persistence and determination.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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