An interim order, in the context of patents, refers to a temporary order issued by the Secretary of Commerce under specific legal provisions. It is designed to provide immediate relief or action while a more comprehensive decision is pending. This type of order is typically used in situations where urgent action is necessary to protect rights or interests related to patent applications or existing patents.
Interim orders are primarily used in patent law to address urgent matters that require immediate attention. They may be relevant in various legal areas, including:
Individuals or businesses dealing with patents may find interim orders useful in protecting their interests while awaiting a final ruling. Users can manage some related processes themselves using legal templates provided by US Legal Forms, drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A company files a patent application and believes that a competitor is infringing on its rights. The company may request an interim order to prevent the competitor from continuing its activities while the patent application is being reviewed.
Example 2: A patent holder discovers unauthorized use of their patented technology and seeks an interim order to halt the infringement until the case can be fully adjudicated. (hypothetical example)
The primary statute relevant to interim orders in the context of patents is:
| Term | Definition | Key Differences |
|---|---|---|
| Temporary Restraining Order | A short-term court order to prevent harm before a hearing. | More commonly used in civil cases; not specific to patents. |
| Preliminary Injunction | A court order to maintain the status quo pending a final decision. | Issued by a court rather than an administrative body; may require a hearing. |
If you believe you need an interim order, consider the following steps:
Complex matters may require professional legal assistance to navigate effectively.
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| Attribute | Details |
|---|---|
| Issuing Authority | Secretary of Commerce |
| Legal Basis | 17 U.S.C. 914 |
| Nature | Temporary |
| Purpose | Immediate relief in patent matters |
An interim order provides immediate relief or action in patent matters while a more comprehensive decision is pending.