authority and other
rules that the organization adopts. -Also termed par
liamentary practice.
parliamentary will. See WILL.
Parliament House. Scots law. The building in Edinburgh
that is the site ofthe Court ofSession, the High Court
ofJusticiary, the attendant offices ofboth courts, and
the library ofthe Faculty ofAdvocates.
parliamentum insanum. See MAD PARLIAMENT.
parody. (l6c) Intellectual property. A transformative
use of a well-known work for purposes of satirizing,
ridiculing, critiquing, or commenting on the original
work, as opposed to merely alluding to the original to
draw attention to the later work . In constitutional
law, a parody is protected as free speech. In copyright
law, a work must meet the definition of a parody and
be a fair use ofthe copyrighted material, or else it may
constitute infringement. See FAIR USE. [Cases: Copy
rights and Intellectual Property C=S3.2.]
''Trademark parodies, even when offensive, do convey a
message. The message may be simply that business and
product images need not always be taken too seriously;
a trademark parody reminds us that we are free to laugh
at the images and associations linked with the mark." L.L.
Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26, 34 (1 st Cir.
1987) (per Bownes, j.).
"We do not, of course, suggest that a parody may not harm
the market at all, but when a parody, like a scathing theater
review, kills demand for the original, it does not produce a
harm cognizable under the Copyright Act. Because 'parody
may quite legitimately aim at garroting the original,
destroying it commercially as well as artistically,' the role

1227
of the courts is to distinguish between 'biting criticism [that
merely] suppresses demand [and] copyright infringementL
which] usurps it.''' Campbell v. Acuff-Rose Music, Inc. 510
U.S. 569, 591, 1145.0.1164,1178 (1994)(Souter,J.) (cita
tions omitted).
par of exchange. The recognized standard value of
one country's currency expressed in terms of that of
another.
parol (p<l-rohl or parOdI), adj. (l6c) 1. Oral; unwritten
<parol evidence>. [Cases: Evidence P397.J 2. Not
under seal <parol contract>. [Cases: Contracts
239.J
parol (pa-rohl or par-al), n. (lSc) 1. An oral statement or
declaration. 2. Hist. 1he oral pleadings in a case.
"Anciently pleadings were conducted in court orally, and
the whole pleadings were called the parol: but for centuries
the pleadings in civil actions have been required to be in
writing." Edwin E. Bryant, The Law of Pleading Under the
Codes of Civil Procedure 178-79 (2d ed. 1899).
parol agreement. See parol contract (1) under
CONTRACT.
parol arrest. See ARREST.
parol contract. See CONTRACT.
parol demurrer. See DEMURRER.
parole (pa-rohl), n. (l7c) The conditional release of a
prisoner from imprisonment before the full sentence
has been served . Although not available under some
sentences, parole is usu. granted for good behavior on
the condition that the parolee regularly report to a
supervising officer for a specified period. Cf. PARDON;
PROBATION (1). [Cases: Pardon and Parole (;:::=>41.J
parole, vb.
"The essence of parole is release from prison, before
completion of the sentence, on condition that the prisoner
abide by certain rules during the balance of the sentence.
Parole is not freedom." 59 Am. Jur. 2d Pardon and Parole
 6 (1987).
bench parole. See bench probation under PROBATION.
juvenile parole. The conditional release of a juvenile
offender from confinement. -Also termed aftercare.
[Cases: Infants C"':;)281.]
parole board. (l898) A governmental body that decides
whether prisoners may be released from prison before
completing their sentences. -Also termed board of
parole; parole commission. [Cases: Pardon and Parole
P55.]
parolee Cpa-roh-Iee). (1903) A prisoner who is released
on parole.
parole revocation. (1930) The administrative or judicial
act of returning a parolee to prison because of the
parolee's failure to abide by the conditions of parole
(as by committing a new offense). [Cases: Pardon and
Parole C"':;)69.]
parol evidence. See EVIDENCE.
parol-evidence rnle. (1893) Contracts. The common
law principle that a writing intended by the parties to
be a final embodiment of their agreement cannot be
modified by evidence of earlier or contemporaneous pars ejusdem negotii
agreements that might add to, vary, or contradict the
writing . 'Ibis rule usu. operates to prevent a party
from introducing extrinsic evidence of negotiations
that occurred before or while the agreement was being
reduced to its final written form. See INTEGRATION (2);
MERGER (2). Cf. FOUR-CORNERS RULE. [Cases: Evidence
C"':;)397.j
"The basic principle is often called the 'parol evidence rule',
and according to this rule evidence is not admissible to
contradict or qualify a complete written contract. The rule
is usually stated in the form of a rule of evidence, but it is
probably best regarded as a rule of substantive law. The
question is not really whether evidence can be admitted
which might vary the written document, but whether, if the
evidence is admitted, itwill have the legal effect of varying
the document." P.S. Atiyah, An Introduction to the Law of
Contract 161-62 (3d ed. 1981).
'The parol evidence rule assumes that the formal writing
reflects the parties' minds at a point of maximum resolu
tion and, hence, that duties and restrictions that do not
appear in the written document, even though apparently
accepted at an earlier stage, were not intended by the
parties to survive. In addition, and quite apart from the
surVival of matters discarded in the course of negotiations,
there is the obvious danger of outright fraud." Marvin A.
Chirelstein, Concepts and Case Analysis in the Law ofCon
tracts 82-83 (1990).
parol lease. See LEASE.
parols de ley (pa-rohlz dd lay). [Law French] Words of
law; technical words.
parol trust. See oral trust (1) under TRUST.
Parratt-Hudson doctrine. (1986) The principle that
a state actor's random, unauthorized deprivation of
someone's property does not amount to a due-process
violation if the state provides an adequate postdepri
vat ion remedy. Parratt v. Taylor, 451 U.S. 527, 101 S.Ct.
1908 (1984); Hudson v. Palmer, 468 U.S. 517, 104 S.Ct.
3194 (1984). [Cases: Constitutional LawC=>3912.]
parricide (par-<l-sId), n. (I6c) 1. The act ofkilling a close
relative, esp. a parent. 2. One who kills such a relative.
Cf. PATRICIDE. parricidal, adj.
parricidium (par-a-sid-ee-<)m), n. [Latin] Roman law.
1. The murder of a near relative, esp. a parent. 2.
Perhaps in ancient law, the murder of any free citizen.
 This ancient, broad sense ofparricidium gave way
in pre-]mperiallaw to homicidium (homicide), which
extended to the killing of a slave.
pars (pahrz). [Latin] Hist. A party to an action.
pars contractus (pahrz kan-trak-tas). [Law Latin] Hist.
Part ofthe contract.
"Verbal consensual contracts are binding upon the con
tracting parties immediately upon their consents being
interchanged, and neither of them can afterwards resile
from the transaction .... But if it be agreed that their
contract shall be reduced to writing, such agreement being
pars contractus, the contract is not finally entered into,
nor does it become binding, until the writing has been
executed." John Trayner, Trayner's Latin Maxims 436 (4th
ed. 1894).
pars ejusdem negotii (pahrz ee-jas-d<lm ni-goh-shee
I). [Latin] Hist. Part of the same transaction . The
phrase refers, for example, to an obligation attached to

1228 pars enitia
a condition, both ofwhich must be considered together
to constitute one transaction.
pars enitia (pahrz i-ni-shee-a). [Law Latin "oldest's
part"] Hist. An oldest child's portion oflands divided
by lot.
pars fundi (pahrz fan-dI). [Latin] Hist. Part of the
ground.
pars judicis (pahrz joo-di-sis). [Latin] Hist. The part
of the judge. The phrase par judicis referred to the
judge's obligation to perform the duties ofthe office.
parson. See RECTOR (1).
pars rationabilis (pahrz rah-shee-ohn-ay-bil-is) See
YORK, CUSTOM OF.
pars rea (pahrz ree-a). A party defendant.
pars viscerum matris (pahrz vis-ar-am may-tris). [Latin]
Hist. Scots law. Part ofthe mother's body . The phrase
appeared in reference to a fetus.
part and pertinent. Scots law. See APPURTENANT.
parte inaudita (pahr-tee in-aw-dy-ta or in-aw-di-ta).
[Latin "one side being unheard"] Of or relating to
action taken ex parte.
parte non comparente (pahr-tee non kom-pa-ren-tee).
Hist. The party not having appeared . In civil cases,
a party's failure to appear usu. resulted in a default
judgment against the defendant. But in criminal cases,
the accused's failure to appear raised no presumption
of guilt; still, the offender was cited for contempt and
made an outlaw. See OUTLAW.
partes beneficii (pahr-teez ben-a-fish-ee-I). [Law Latin]
Hist. Parts of a benefice.
partes finis nihil habuerunt (pahr-teez fI-nis m-hil hab
yoo-eer-ant). [Law Latin "the parties to the fine had
nothing"] Hist. A plea to set aside a conveyance ofland
on grounds that the transferor did not have a sufficient
ownership interest in the property to alienate it.
"Yet where a stranger . .. officiously interferes in an estate
which in nowise belongs to him, his fine is of no effect; and
may at any time be set aside ... by pleading that 'partes
finis nihil habuerunt.'" 2 William Blackstone, Commentaries
on the Laws ofEngland 356-57 (1765).
partes soli (pahr-teez soh-h). [Latin] Hist. Parts of the
soil.
partial account. See ACCOUNT.
partial assignment. See ASSIGNMENT (2).
partial average. See particular average under
AVERAGE.
partial-birth abortion. See ABORTION.
partial breach. See BREACH OF CONTRACT.
partial defense. See DEFENSE (1).
partial dependent. See DEPENDENT.
partial disability. See DISABILITY (2).
partial emancipation. See EMANCIPATION.
partial eviction. See EVICTION.
partial evidence. See EVIDENCE. partial failure of consideration. See FAILURE OF CON
SIDERATION.
partial guardian. See GUARDIAN.
partial insanity. See diminished capacity under CAPA
CITY (3).
partial integration. See INTEGRATION (2).
partial interdiction. See INTERDICTION (3).
partial intestate. See INTESTATE.
partial law. See LAW.
partial limitation. Insurance. A policy provision in
which the insurer agrees to pay a total loss ifthe actual
loss exceeds a specified amount.
partial liquidation. See LIQUIDATION.
partial loss. See LOSS.
partially disclosed principal. See PRINCIPAL (1).
partially integrated contract. See INTEGRATED
CONTRACT.
partial pardon. See PARDON.
partial release. See RELEASE.
partial-release clause. See CLAUSE.
partial responsibility. See diminished capacity under
CAPACITY (3).
partial summary judgment. See SUMMARY JUDGMENT.
partial truce. See special truce under TRUCE.
partial verdict. See VERDICT.
partial zoning. See ZONING.
partiarius (pahr-shee-air-ee-as), n. & adj. [Latin] Roman
law. 1. A legatee entitled to a portion ofan inheritance
along with the appointed heirs. 2. A tenant who is
bound to hand over a portion of the crop in lieu of
rent.
particeps (pahr-ta-seps), n. [Latin] 1. A participant. 2.
A part owner.
particeps criminis (pahr-ta-seps krim-a-nis), n. [Latin
"partner in crime"] (17c) 1. An accomplice or acces
sory. See ACCESSORY. PI. participes criminis (pahr-tis
a-peez). [Cases: Criminal Law ~59,68, 74.]
''The courts ofjustice will allow the objection that the con
sideration ofthe contract was immoral or illegal to be made
even by the gUilty party to the contract, for the allowance
is not for the sake of the party who raises the objection,
but is grounded on general principles of policy. A parti
ceps criminis has been held to be entitled, in equity, on his


is grounded on general principles of policy. A parti
ceps criminis has been held to be entitled, in equity, on his
own application to relief against his own contract, when
the contract was illegal, or against the policy of the law,
and relief became necessary to prevent injury to others." 2
James Kent, Commentaries on American Law *467 (George
Comstock ed., 11th ed. 1866).
"Even in felonies but little practical importance now
attaches to the distinctions between the first three of
these four classes of 'accomplices' ~a term which the law
applies to all the participes criminis, whatever their degree
of 'complicity' in the offence, though popular use gener
ally limits it to those who take only a minor part. For the
maximum punishment prescribed for any given crime is
the same in the case of all three classes." J.w. Cecil Turner,
Kenny's Outlines ofCriminal Law 90 (16th ed. 1952).

1229
2. The doctrine that one participant in an unlawful
activity cannot recover in a civil action against another
participant in the activity. This is a civil doctrine
only, having nothing to do with criminal responsibil
ity. Cf I~ PARI DELICTO DOCTRINE. [Cases: Contracts
(;::;13S.]
particeps fraudis (pahr-td-seps fraw-dis). [Latin "an
accomplice in the fraud"] Roman law. One who par
ticipates in a fraud, esp. by helping to deceive a debtor's
creditors. -Also termed conscius fraudis.
participating bond. See BOND (3).
participating insurance. See INSURANCE.
participating policy. See INSURANCE POLICY.
participating preferred stock. See STOCK.
participation, n. (l4c) 1. The act oftaking part in some
thing, such as a partnership, a crime, or a trial. 2. lhe
right of an employee to receive part of a business's
profits; profit-sharing. [Cases: Labor and Employment
(;::; 17S.] See JOINT PARTICIPATION. -participate,
vb.
participation loan. See LOAN.
participation mortgage. See MORTGAGE.
participation stock. See STOCK.
particular average. See AVERAGE.
particular average loss. See LOSS.
particular custom. See local custom under CUSTOM.
particular damages. See special damages under
DAMAGES.
particular estate. See ESTATE (1).
particular jurisprudence. See JURISPRUDENCE.
particular legacy. See LEGACY.
particular lien. See LIEN.
particular malice. See MALICE.
particular non est factum. See special non est factum
under NON EST FACTUM.
particular partnership. See PARTNERSHIP.
particular power. See special power under POWER (3).
particular recital. See RECITAL.
particulars, bill of. See BILL OF PARTICULARS.
particulars ofsale. (l8c) A document that describes the
various features of a thing (such as a house) that is for
sale.
particular successor. See SUCCESSOR.
particular tenant. See TE~ANT.
particular title. See TITLE (2).
partitio (pahr-tish-ee-oh), n. (Latin] Roman law.
Division; partition.
partitio legata (pahr-tish-ee-oh la-gay-td). [Latin] A
directive from a testator to an heir to divide the inher
itance and deliver a designated portion to a named
legatee; a testamentary partition. partner
partition, n. (15c) 1. Something that separates one part
of a space from another. 2. The act of dividing; esp., the
division of real property held jointly or in common by
two or more persons into individually owned inter
ests. -Also termed partition in kind. [Cases: Common
Lands Partition (;::; 1-10.]
definitive partition. A partition that is irrevocable.
partition ofsuccession. Louisiana law. The division of
an estate among an intestate's heirs. See La. Civ. Code
art. 1293. [Cases: Descent and Distribution 109.]
provisional partition. A temporary partition, often
made before the remainder of the property can be
divided.
3. Oil & gas. The division of an undivided mineral
interest by voluntary agreement or judicial action.
[Cases: Partition (;::;4, 12(1).] -partition, vb.
partible, adj.
partition in kind. See PARTITION (2).
partner. (13c) l. One who shares or takes part with
another, esp. in a venture with shared benefits and
shared risks; an associate or colleague <partners in
crime>. 2. One of two or more persons who jointly
own and carryon a business for profit <the firm and
its partners were sued for malpractice>. See PARTNER
SHIP. [Cases: Partnership 0=::; 1.1 3. One oftwo persons
who are married or who live together; a spouse or com
panion <my partner in life>. [Cases: Husband and Wife
(;::; 1; Marriage
dormant partner. See silent partner.
general partner. (1804) A partner who ordinarily takes
part in the daily operations of the business, shares in
the profits and losses, and is personally responsible
for the partnership's debts and other liabilities.
Also termed full partner. [Cases: Partnership
353,366.]
junior partner. (lSc) A partner whose participation
is limited with respect to both profits and manage
ment.
limited partner. (lS22) A partner who receives profits
from the business but does not take part in managing
the business and is not liable for any amount greater
than his or her original investment. -Also termed
special partner; (in civil law) partner in commendam.
See limited partnership under PARTNERSHIP. [Cases:
Partnership (;::;353,366,371.]
liquidating partner. (1825) The partner appointed
to settle the accounts, collect the assets, adjust the
claims, and pay the debts of a dissolving or insolvent
firm. [Cases: Partnership (;::;2S0.]
name partner. (1945) A partner whose name appears
in the name ofthe partnership <Mr. Tibbs is a name
partner in the accounting firm ofGibbs & Tibbs>.
Also termed named partner; title member.
nominal partner. (18c) A person who is held out as a
partner in a firm or business but who has no actual
interest in the partnership. Also termed ostensible
partner; partner EJyestoppel.

partnership 1230
ostensible partner. See nominal partner.
partner by estoppel. See nominal partner.
partner in commendam (in b-men-ddm). See limited
partner.
quasi-partner. (1809) A person who joins others in an
enterprise that appears to be, but is not, a partnership.
 A joint venturer, for example, is a quasi-partner.
secret partner. (18c) A partner whose connection with
the firm is concealed from the public. -Also termed
sleeping partner.
senior partner. (18c) A high-ranking partner, as in a
law firm.
silent partner. (18c) A partner who shares in the profits
but who has no active voice in management of the
firm and whose existence is often not publicly dis
closed. Also termed dormant partner. [Cases: Part
nership
"It is worth emphasizing that control does not necessar
ily mean active involvement. One of the most interesting
figures in partnership law. in fact, is the 'silent' partner
typically a person who has invested in a business in return
for a profit share, and who reserves the right to, and to
some extent may in fact, participate in routine manage
ment decisions, may participate in no decisions at all,
and may even be unaware of what is happening in the
business for long periods of time. The fact ofthe person's
financial interest in the partnership may be a secret from
everyone except the other partners (indeed, such secrecy
may be vital). Such a person is nonetheless a partner like
any other for purposes, among other things, of personal
liability for the debts of the partnership. The law simply
does not distinguish between active and passive partners." ,
William A. Klein &John C. CoffeeJr., Business Organization
and Finance 64 (2002).
sleeping partner. See secret partner.
special partner. See limited partner.
surviving partner. (17c) The partner who, upon the
partnership's dissolution because of another part
ner's death, serves as a trustee to administer the firm's
remaining affairs. [Cases: Partnership C:=>280.]
partnership. (16c) A voluntary association of two or
more persons who jointly own and carryon a business
for profit . Under the Uniform Partnership Act, a
partnership is presumed to exist if the persons agree
to share proportionally the business's profits or losses.
Cf. JOINT VENTURE; STRATEGIC ALLIANCE. [Cases:
Partnership
collapsible partnership. (1962) Tax. A partnership
formed by partners who intend to dissolve it before
they realize any income . Any partner's gain result
ing from unrealized receivables or inventory that
has increased substantially in value will be treated
by the IRS as ordinary income rather than as capital
gain. IRC (26 USCA)  751. Cf. collapsible corpora
tion under CORPORATION. [Cases: Internal Revenue
C:=>3931,3935.]
commercial partnership. See trading partnership.
family partnership. (1902) A business partnership
in which the partners are related. IRC (26 USCA)
 704(e). In this phrase, the term family includes a person's spouse, ancestors, lineal descendants,
siblings, and any trusts established primarily for the
benefit of those persons. See FAMILY-PARTNERSHIP
RULES.
general partnership. (18c) A partnership in which all
partners participate fully in running the business
and share equally in profits and losses (though the
partners' monetary contributions may vary). [Cases:
Partnership <8=>79,86, 87.J
implied partnership. See partnership by estoppel.
limited-liability partnership. (1910) A partnership in
which a partner is not liable for a negligent act com
mitted by another partner or by an employee not
under the partner's supervision . All states have
enacted statutes that allow a business (typically a law
firm or accounting firm) to register as this type of
partnership. Abbr. L.L.P. [Cases: Partnership C:=>
371.J
limited partnership. (l8c) A partnership composed
of one or more persons who control the business
and are personally liable for the partnership's debts
(called general partners), and one or more persons
who contribute capital and share profits but who
cannot manage the business and are liable only for
the amount of their contribution (called limited
partners) .  The chief purpose ofa limited partner
ship is to enable persons to invest their money in a
business without taking an active part in managing
the business, and without risking more than the sum
originally contributed, while securing the coopera
tion ofothers who have ability and integrity but insuf
ficient money. Abbr. L.P. Also termed special
partnership; (in civil law) partnership in commendam.
[Cases: Partnership (,':J349-376.]
"Unknown at common law, the limited partnership was
derived from the commenda or societe en commandite of
continental Europe to permit a person to invest and share
in the profits of a partnership business and yet limit one's
liability to one's investment. It was first recognized in the
United States by a New York statute of 1822. It is now rec
ognized by statute in all Americanjurisdictions." Henry G.
Henn & John R. Alexander, Laws of Corporations  28, at
86 (3d ed. 1983).
"[Tjhe two primary characteristics of a limited partnership
[arejliability of limited partners only for their agreed con
tributions, and a hierarchical structure with management
in one or more general partners and very little power or
authority in the limited partners. Thus, limited partners are
typically -although not necessarily passive contribu
tors of capital. ... In this respect they resemble sharehold
ers in a corporation, but, depending on the details of the
organizational documents, they may have greater or lesser
rights." 3 Alan R. Bromberg & Larry E. Ribstein, Bromberg
and Ribstein on Partnerships  12.01, at 12:5-12:6 (1999).
master limited partnership. See publicly traded part
nership.
nontrading partnership. A partnership that does not
buy and sell but instead is a partnership of employ
ment or occupation. -Also termed noncommercial
partnership .  This type ofpartnership offers services
rather than goods.

1231 party
particular partnership. A partnership in which the
members unite to share the benefits ofa single trans
action or enterprise.
partnership at will. (1849) A partnership that any
partner may dissolve at any time without thereby
incurring liability. Cf. partnership for a term. [Cases:
Partnership (;::::::;C259.5.]
partnership by estoppel. (1872) A partnership implied
by law when one or more persons represent them
selves as partners to a third party who relies on that
representation . A person who is deemed a partner
by estoppel becomes liable for any credit extended to
the partnership by the third party. -Also termed
implied partnership. [Cases: Partnership
partnership for a term. A partnership that exists for a
specified duration or until a specified event occurs.
 Such a partnership can be prematurely dissolved
by any partner, but that partner may be held liable
for breach ofthe partnership agreement. Cf. partner
ship at will.
partnership in commendam. See limited partnership.
publicly traded partnership. A partnership whose
interests are traded either over-the-


am. See limited partnership.
publicly traded partnership. A partnership whose
interests are traded either over-the-counter or on a
securities exchange . These partnerships may be
treated as corporations for income-tax purposes. IRC
(26 USCA)  7704(a). -Abbr. PTP. -Also termed
master limited partnership.
special partnership. 1. See limited partnership. 2. A
partnership formed only for a Single venture.
subpartnership. An arrangement between a firm's
partner and a nonpartner to share the partner's profits
and losses in the firm's business, but without forming
a legal partnership between the partner and the non
partner.
tiered partnership. An ownership arrangement con
sisting of one parent partnership that is a partner in
one or more subsidiary partnerships.
trading partnership. A partnership whose usual
business involves buying and selling. Also termed
commercial partnership.
umbrella limited partnership. A limited partner
ship used by a real-estate investment trust to acquire
investment properties in exchange for shares in the
partnership. See umbrella-partnership real-estate
investment trust under REAL-ESTATE INVESTMENT
TRUST.
universal partnership. A partnership formed by
persons who agree to contribute all their individu
ally owned property and to devote all their skill,
labor, and services to the partnership. [Cases: Part
nership (;::::) 22.]
partnership agreement. (1802) A contract defining the
partners' rights and duties toward one another not
the partners' relationship with third parties. -Also
termed articles ofpartnership. [Cases: Partnership
22,71.] partnership association. (1812) A business organization
that combines the features ofa limited partnership and
a close corporation . Partnership associations are stat
utorily authorized in only a few states. Also termed
statutory partnership association; limited partnership
association. [Cases: Partnership <'::=>349-376.]
partnership at will. See PARTNERSHIP.
partnership certificate. A document that evidences the
participation of the partners in a partnership . The
certificate is often furnished to financial institutions
when the partnership borrows money.
partnership distribution. See DISTRIBUTION.
partnership insurance. See INSURANCE.
partner's lien. (1870) A partner's right to have the part
nership property applied in payment of the partner
ship's debts and to have whatever is due the firm from
fellow partners deducted from what would otherwise
be payable to them for their shares. [Cases: Partner
ship (':::::'89.]
partnership life insurance. See partnership insurance
(1) under INSURANCE.
part payment. See PAYMENT.
part performance. 1. See PERFORMANCE. 2. See PART
PERFORMANCE DOCTRINE. !
part-performance doctrine. (1935) The equitable prin
ciple by which a failure to comply with the statute of
frauds is overcome by a party's execution, in reliance
on an opposing party's oral promise, of a substantial
portion of an oral contract's requirements. Some
times shortened to part performance. See part perfor
mance under PERFORMANCE. [Cases: Frauds, Statute
ofC=> 129.J
"Part performance is not an accurate deSignation of such
acts as taking possession and making improvements
when the contract does not provide for such acts. but such
acts regularly bring the doctrine into play. The doctrine
is contrary to the words of the Statute of Frauds, but it
was established by English courts of equity soon after the
enactment of the Statute. Payment of purchase-money,
without more, was once thought sufficient to justify
specific enforcement, but a contrary view now prevails,
since in such cases restitution is an adequate remedy.
English decisions treated a transfer of possession of the
land as sufficient, if unequivocally referable to the oral
agreement, apparently on the ground that the promise
to transfer had been executed by a commonlaw convey
ance. Such decisions are not generally followed in the
United States. Enforcement has instead been justified
on the ground that repudiation after 'part performance'
amounts to a 'virtual fraud.' A more accurate statement is
that courts with equitable powers are vested by tradition
with what in substance is a dispensing power based on
the promisee's reliance, a discretion to be exercised with
caution in the light of all the circumstances." Restatement
(Second) of Contracts  129 cmt. a (1979).
part-sovereign state. See SOVEREIGN STATE.
party. (l3c) l. One who takes part in a transaction <a
party to the contract>. [Cases: Contracts 177.]
"Note, that if an Indenture be made between two as Parties
thereto in the Beginning, and in the Deed one of them
grants or lets a Thing to another who is not named in
the Beginning, he is not Party to the Deed, nor shall take

1232 party-column ballot
any Thing thereby." John Rastell, Les Termes de la Ley471
(26th ed. 1721).
"A person who takes part in a legal transaction or pro
ceeding is said to be a party to it. Thus, if an agreement,
conveyance, lease, or the like, is entered into between
A. and B., they are said to be parties to it: and the same
expression is often, though not very correctly, applied to
the persons named as the grantors or releasors in a deed
polL" 2 Stewart Rapalje &Robert L. Lawrence, A Dictionary
ofAmerican and English Law 930 (1883).
party ofthe first part. (18c) Archaic. The party named
first in a contract; esp., the owner or seller.
party of the second part. (18c) Archaic. The party
named second in a contract; esp., the buyer.
2. One by or against whom a lawsuit is brought <a party
to the lawsuit>. _ For purposes of res judicata, a party
to a lawsuit is a person who has been named as a party
and has a right to control the lawsuit either personally,
or, ifnot fully competent, through someone appointed
to protect the person's interests. [Cases: Federal Civil
Procedure (;='101.]
adverse party. (I5c) A party whose interests are
opposed to the interests ofanother party to the action.
Cf. hostile witness under WITNESS.
aggrieved party. (17c) A party entitled to a remedy;
esp., a party whose personal, pecuniary, or property
rights have been adversely affected by another person's
actions or by a court's decree or judgment. -Also
termed party aggrieved; person aggrieved. [Cases:
Action (::::: 13; Appeal and Error (;::::> 151; Federal
Civil Procedure (;=~103.2.]
coparty. See COPARTY.
fictitious party. A person who is named in a writ, com
plaint, or record as a party in a suit, but who does not
actually exist, or a person who is named as a plain
tiff but is unaware of the suit and did not consent to
be named. [Cases: Federal Civil Procedure (;::::> 101;
Parties (;::::>73.]
formal party. See nominal party.
indispensable party. (1821) A party who, having inter
ests that would inevitably be affected by a court's
judgment, must be included in the case. _ Ifsuch a
party is not included, the case must be dismissed. Fed.
R. Civ. P. 19(b). Cf. necessary party. [Cases: Federal
Civil Procedure (;::::>203; Parties (;::::>, 18,29.]
innocent party. (16c) A party who did not consciously
or intentionally participate in an event or transac
tion.
interested party. (17c) A party who has a recognizable
stake (and therefore standing) in a matter. -Abbr.
IP. [Cases: Action (;::::>13; Federal Civil Procedure (;::::>
103.2.]
joint party. See COPARTY.
necessary party. (18c) A party who, being closely con
nected to a lawsuit, should be included in the case if
feasible, but whose absence will not require dismissal
of the proceedings. See compulsory joinder under JOINDER. Cf. indispensable party. (Cases: Federal Civil
Procedure (;::::>202; Parties (;::::> 18,29.]
nominal party. (18c) A party to an action who has no
control over it and no financial interest in its outcome;
esp., a party who has some immaterial interest in
the subject matter of a lawsuit and who will not be
affected by any judgment, but who is nonetheless
joined in the lawsuit to avoid procedural defects.
An example is the disinterested stakeholder in a gar
nishment action. -Also termed formal party. Cf. real
party in interest. [Cases: Federal Civil Procedure
102; Parties ("-'4.]
party aggrieved. See aggrieved party.
party cast. The losing party in a lawsuit.
party in interest. See real party in interest.
party opponent. (18c) An adversary in a legal proceed
ing. Sometimes written party-opponent.
party to be charged. (1923) A defendant in an action
to enforce a contract falling within the statute of
frauds.
prevailing party. (17c) A party in whose favor a
judgment is rendered, regardless of the amount of
damages awarded <in certain cases, the court will
award attorney's fees to the prevailing party>. Also
termed successful party. See Buckhannon Bd. & Care
Horne, Inc. v. West Va. Dep't ofHealth & Human Res.,
532 U.S. 598,603, 121 S.Ct. 1835, 1839 (2001) (relying
on the seventh edition of Black's Law Dictionary
[1999]). [Cases: Costs (;::::>32, 194.14; Federal Civil
Procedure (;=2727,2737.1.]
proper party. (1823) A party who may be joined in
a case for reasons of judicial economy but whose
presence is not essential to the proceeding. See per
missive joinder under JOINDER. [Cases: Federal Civil
Procedure Parties 14,25.]
real party in interest. (1804) A person entitled under
the substantive law to enforce the right sued upon
and who generally, but not necessarily, benefits from
the action's final outcome. -Also termed party in
interest; (archaically) interessee. Cf. nominal party.
[Cases: Federal Civil Procedure Parties (;::::>
6(2).]
"[Tlhe 'real party in interest' is the party who, by the sub
stantive law, possesses the right sought to be enforced,
and not necessarily the person who will ultimately benefit
from the recovery .... The concept of real party in interest
should not be confused with the concept of standing. The
standing question arises in the realm of public law, when
governmental action is attacked on the ground that it
violates private rights or some constitutional principle ....
Unfortunately, ... confusion between standing on the one
hand and real party in interest or capacity on the other has
been increasing." Charles Alan Wright, The Law ofFederal
Courts  70, at 490 & n.2 (5th ed. 1994).
successful party. See prevailing party.
third party. See THIRD PARTY.
3. POLITICAL PARTY.
party-column ballot. See BALLOT (4).

1233
party wall. See WALL.
parum cavisse videtur (par-dm b-vis-ee vI-dee-tdr).
[Latin] Hist. He seems to have taken too little care; he
seems to have been incautious . This expression was
used by a judge when pronouncing a death sentence.
par value. The value of an instrument or security as
shown on its face; esp., the arbitrary dollar amount
assigned to a stock share by the corporate charter, or
the principal ofa bond at maturity. -Often shortened
to par. Also termed face value; nominal value; stated I
value. [Cases: Corporations ~~99(3).1
"At one time par value had considerable importance
because it was widely viewed as the amount for which
the shares would be issued: shares with a par value of one
hundred dollars could be subscribed for at one hundred
dollars per share with confidence that all other identi
cal shares would also be issued for $100. This practice,
however, long ago fell into disuse. Today, par value serves
only a minor function and is in no wayan indication of the
price at which the shares are issued, with this one excep
tion: The one basic rule about setting the price for shares
of common stock with a par value is that the price must be
equal to or greater than par value." Robert W. Hamilton, The
Law ofCorporations in a Nutshell 109 (3d ed. 1991).
par-value stock. See STOCK.
parvis (pahr-vis). [fro Old Fr. pareis "paradise," fro Late
Latin paradsus "garden"] Hist. An academic exercise,
such as a moot court. Also spelled pervise; parvise.
pass, vb. (14c) 1. To pronounce or render an opinion,
ruling, sentence, or judgment <the court refused to pass
on the constitutional issue, deciding the case instead
on procedural grounds>. 2. To transfer or be trans
ferred <the woman's will passes title to the house to her
nephew, much to her husband's surprise>. 3. To enact
(a legislative bill or resolution); to adopt <Congress has
debated whether to pass a balanced-budget amendment
to the Constitution>. See ADOPTION (5). 4. To approve
or certify (something) as meeting specified require
ments <the mechanic informed her that the car had
passed inspection>. 5. To publish, transfer, or circu
late (a thing, often a forgery) <he was found guilty
of passing counterfeit bills>. 6. To forgo or proceed
beyond <the case was passed on the court's trial docket
because the judge was presiding over a criminal trial>.
7. ABSTAIN (1).
passage, n. 1. A


the judge was presiding over a criminal trial>.
7. ABSTAIN (1).
passage, n. 1. ADOPTION (5); esp., the passing of a leg
islative measure into law. [Cases: Statutes (;=> 17.j 2. A
right, privilege, or permission to cross land or water; an
easement to travel through another's property_ 3. The
process of traveling, esp. in transit <safe passage>. 4.
The act of coming and going <right of passage>.
pass-along, adj. See PASS-THROUGH.
passbook. A depositor's book in which a bank records
all the transactions on an account. Also termed
bankbook.
passed dividend. See DIVIDEND.
passim (pas-im), adv. [Latin] (17c) Here and there;
throughout (the cited work) . In modern legal writing,
the citation signal see generally is preferred to passim as
a general reference, although paSSim can be useful in a passport
brief's index of authorities to show that a given author
ity is cited throughout the brief.
passing off, n. (1900) Intellectual property. The act or
an instance of falsely representing one's own product
as that of another in an attempt to deceive potential
buyers. Passing off is actionable in tort under the
law ofunfair competition. It may also be actionable as
trademark infringement. Also termed palming off;
misrepresentation ofsource. Cf. MISAPPROPRIATION.
[Cases: Antitrust and Trade Regulation (;-.;;>41; Trade
marks C='1428(1).J pass off, vb.
reverse passing off. lhe act or an instance of falsely
representing another's product as one's own in an
attempt to deceive potential buyers. -Also termed
reverse palming off. [Cases: Federal Civil Procedure
(;=;:2727,2737.1.]
passing on. See pass-on defense under DEFENSE (1).
passive, adj. Not involVing active participation; esp., of
or relating to a business enterprise in which an investor
does not have immediate control over the activity that
produces income.
passive activity. (1962) Tax. A business activity in which
the taxpayer does not materially participate and there
fore does not have immediate control over the income.
 A typical example is the ownership and rental of real
property by someone not in the real-property business.
[Cases: Internal Revenue (;=>3418.]
passive adoption-registry statute. See ADOPTION-REG
ISTRY STATUTE.
passive bond. See BOND (3).
passive breach ofcontract. See BREACH OF CONTRACT.
passive concealment. See CONCEALMENT.
passive conduct. See CONDUCT.
passive debt. See DEBT.
passive duty. See negative duty under DUTY (1).
passive euthanasia. See EUTHANASIA.
passive income. See INCOME.
passive investment income. See INCOME.
passive loss. See LOSS.
passive mercy killing. See DYATHANASIA.
passive negligence. See NEGLIGENCE.
passive trust. See TRUST.
pass-on defense. See DEFENSE (1).
passport. 1. A formal document certifying a person's
identity and citizenship so that the person may travel
to and from a foreign country. [Cases: Aliens, Immigra
tion, and Citizenship (;=>674.j 2. SEA LETTER. 3. SAFE
CONDUCT.
"A passport is the universally accepted evidence of a
person's identity and nationality. It does not give its bearer
the right to travel in another country, but it does request
that other governments permit him to travel in their ter
ritories or within their jurisdictions. It also entitles him to
the protection and assistance of his own diplomatic and

1234 Passport Office
consular officers abroad." Burdick H. Brittin, International
Law for Seagoing Officers 183 (4th ed. 1981).
Passport Office. See BUREAU OF CONSULAR AFFAIRS.
pass the witness. See TAKE THE WITNESS.
pass-through, adj. (1951) (Of a seller's or lessor's costs)
chargeable to the buyer or lessee. Also termed pass-
along.
pass-through security. See SECURITY.
pass-through taxation. See TAXATION.
past consideration. See CONSIDERATION (1).
past recollection recorded. Evidence. A document con
cerning events that a witness once knew about but can
no longer remember . The document itself is evidence
and, despite being hearsay, may be admitted and read
into the record ifit was prepared or adopted by the
witness when the events were fresh in the witness's
memory. Fed. R. Evid. 803(5). Also termed recorded
recollection; past recorded recollection. Cf. PRESENT
RECOLLECTION REFRESHED. [Cases: Criminal Law~
435; Evidence ~355(6).1
Pasula-Robinette test. The principle that if a miner
establishes a prima facie case of retaliation for filing a
claim under the Mine Safety and Health Act, the mine
operator can still prevail by proving, as an affirmative
defense, that (1) the miner did not engage in a protected
activity, (2) the adverse action was based on the miner's
unprotected activity, and (3) the mine operator would
have taken the same action based solely on the unpro
tected activity . To establish a prima facie case ofretal
iation, the evidence must show that the miner engaged
in a protected activity and that an adverse employment
action occurred based at least in part on that activity.
30 USCA  815(c); Secretary ex rei. Pasula v. Consolida
tion Coal Co., 2 FMSHRC 2786 (1980); Secretary ex reI.
Robinette v. United Coal Co., 3 FMSHRC 802 (1981).
pat-down, n. See FRISK.
pateat universis per praesentes (pat-ee-at yoo-n;l-var
sis par pri-zen-teez). [Law Latin) Let it be open to all
men by these presents. Cf. KNOW ALL MEN BY THESE
PRESENTS; NOVERINT UNIVERSI PER PRAESENTES.
Pate hearing. A proceeding in which the trial court seeks
to determine whether a criminal defendant is com
petent to stand trial. Pate v. Robinson, 383 U.S. 375,
86 S.Ct. 836 (1966); 18 GSCA  4241. Also termed
competency hearing; incompetency hearing. [Cases:
Criminal Law C::~'625.1O-625.35.1
patent (pay-t;lnt), adj. (14c) Obvious; apparent <a patent
ambiguity>. Cf. LATENT. [Cases: Evidence (;:::451.]
patent (pat-ant), n. (14c) 1. The governmental grant ofa
right, privilege, or authority. 2. The official document
so granting. -Also termed public grant. See LETTERS
PATENT.
call patent. A land patent in which the corners have
been staked but the boundary lines have not been run
out at the time of the grant.
escheat patent. See escheat grant under GRANT. land patent. An instrument by which the government
conveys a grant of public land to a private person.
Public Lands Cr-::114(l).]
lapse patent. A land patent substituting for an earlier
patent to the same land that lapsed because the
previous patentee did not claim it.
3. The right to exclude others from making, using,
marketing, selling, offering for sale, or importing an
invention for a speCified period (20 years from the
date of filing), granted by the federal government to
the inventor if the device or process is novel, useful, and
nonobvious. 35 USCA  101-103. The holding of a
patent alone does not by itself grant any right to make,
use, or sell anything if that activity would infringe
another's blocking patent. -Also termed patent right;
patent grant. [Cases: Patents ~1.]
'The franchise which the patent grants consists altogether
in the right to exclude everyone from making, using or
vending the patented article, without the permission of
the patentee. This is all he obtains by the patent." Bloomer
v. McQuewan, 55 U.S. 539, 549 (1852).
"What, exactly, is a patent and how does it operate to foster
the 'progress of the useful arts'? In its simplest terms a
patent is an agreement between an inventor and the
publiC, represented by the federal government: in return
for a full public disclosure of the invention the inventor
is granted the right for a fixed period of time to exclude
others from making, usi ng, or selling the defined invention
in the United States. It is a limited monopoly, designed
not primarily to reward the inventor (this mayor may not
follow), but to encourage a public disclosure of inventions
so that after the monopoly expires, the public is free to
take unrestricted advantage of the invention." Earl W.
Kintner &Jack l. Lahr, An Intellectual Property Law Primer
7-11 (2ded.1982).
basicpatent. See pioneer patent.
blocking patent. One of two patents, neither of which
can be effectively practiced without infringing the
other. For example, if A patents an improvement
of B's patented invention, A cannot practice the
improvement without infringing B'g patent. Nor can
B use the improvement without infringing A's patent.
Owners ofblocking patents often cross-license each
other. See fencing patent; DOMINATION.
broadened reissue patent. Patents. A patent that is
issued again, having broader claims than the original,
surrendered patent.  Under 35 USCA  251, a patent
may be reissued, under certain circumstances, with
broader claims than the original patent ifthe reissue
application is filed within two years of the grant of
the original patent. See INTERVENING RIGHTS. [Cases:
Patents (':::> 141(3).)
business-method patent. A U.S. patent that describes
and claims a series of process steps that, as a whole,
constitutes a method ofdoing business . Until 1998,
methods for doing business were not expressly rec
ognized as being patentable. In that year, the Federal
Circuit Court ofAppeals held in State Street Bank &
Trust Co. v. Signature Fin. Group, Inc., 140 F.3d 1368
(Fed. Cir. 1998), that business methods are subject to
the same legal requirements for patentability as any

1235
other process or method. -Also termed cyberpatent.
[Cases: Patents (;::::::'7.14.]
combination patent. A patent granted for an inven
tion that unites existing components in a novel and
nonobvious way. [Cases: Patents (;::::::26.]
Community patent. An international patent issued by
the European Patent Office. -Community patents are
good for 20 years from the application date. They may
be registered in any nation in the European Union
and other EPC signatories.
copending patent. A patent whose application is being
prosecuted at or near the same time as another, similar
patent. _ Continuing applications must be copend
ing with an existing patent application. A copend
ing patent may affect another patent's validity if it
discloses the same invention, or discloses some part
of the invention that, combined with other prior art,
results in anticipation (esp. ifthe copending patent is
issued before the affected patent). A copending patent
may be shown to be an unpatentable improvement
on another copending patent's invention. 35 USCA
 102(e). See eOPENDING. [Cases: Patents (;:::::: 110,7.]
cyberpatent. 1. See business-method patent. 2. See
Internet patent.
design patent. A patent granted for a new, original, and
ornamental design for an article of manufacture; a
patent that protects a product's appearance or non
functional aspects. -Design patents -which, unlike
utility patents, have a term of only 14 years from the
date the patent is granted -are similar to copyrights.
36 USCA  171. [Cases: Patents
dominating patent. See fencing patent.
fencingpatent. A patent procured for some aspect ofan
invention that the inventor does not intend to produce
but that the inventor wants to prevent competitors
from using in making improvements. -By making a
claim whose only purpose is to protect other claims,
the inventor seeks to "fence in" any such competing
improvements. Courts disfavor fenCing claims.
Also termed dominating patent. [Cases: Patents
121.]
improvement patent. A patent having claims directed
to an improvement on a preexisting invention. _ If
the preexisting invention is patented by another, the
owner of the improvement patent may need a license
to practice the invention covered by the claims of
the improvement patent. Similarly, the owner of the
preexisting invention's patent may need a license to
practice the invention in the improvement patent. Cf.
pioneer patent. [Cases: Patents (>:::J9.]
in-force patent. A patent that has not expired or been
ruled invalid.
Internet patent. A type of utility patent granted on
an invention that combines business methods and
software programs for Internet applications. -Also
termed cyberpatent. patent
method patent. A patent having method or process
claims that define a series of actions leading to a
tangible physical result. -Also termed process patent.
[Cases: Patents
paper patent. A patent granted for a discovery or
invention that has never been used commercially. - A
paper patent may receive less protection under the law
than a patent granted for a device that is actually used
in industry. As a prior-art reference, a paper patent


law
than a patent granted for a device that is actually used
in industry. As a prior-art reference, a paper patent
may carry less weight with examiners than one for
an invention that has been commercially exploited,
because it may suggest that the invention did not work
as claimed. [Cases: Patents
pioneer patent. A patent covering a function or a
major technological advance never before performed,
a wholly novel device, or subject matter of such
novelty and importance as to mark a distinct step in
the progress ofthe art, as distinguished from a mere
improvement or perfection of what had gone before.
_ Under U.S. law, the claims of a pioneer patent are
entitled to broader interpretation and to be given a
broader range ofequivalents. A pioneer patent is usu.
the first one documented by a patent-tracking service,
although it may not be the first patent published by
a national registry, such as the PTa. -Cf. improve
ment patent. [Cases: Patents C=> 173.]
'To what liberality of construction these claims are entitled
depends to a certain extent upon the character ofthe inven
tion, and whether it is what is termed on ordinary parlance
a 'pioneer.' This word, although used somewhat loosely,
is commonly understood to denote a patent covering a
function never before performed, a wholly novel device, or
one of such novelty and importance as to mark a distinct
step in the progress of the art, distinguished from a mere
improvement or perfection of what had gone before" West
inghouse v. Boyden Power Brake Co., 170 U.S. 537,561-62,
18 S.O. 707, 718 (1898).
plant patent. A patent granted for the invention or
discovery ofa new and distinct variety of asexually
reproducing plant. 36 USCA  161. [Cases: Patents
(>::)14.]
process patent. A patent for a method of treating spec
ified materials to produce a certain result; a patent
outlining a means of producing a physical result
independently ofthe prodUcing mechanism. -The
result might be brought about by chemical action, by
applying some element or power ofnature, by mixing
certain substances together, or by heating a substance
to a certain temperature. See method patent. [Cases:
Patents
reissue patent. A patent that is issued to correct unin
tentional or unavoidable errors in an original patent,
such as to revise the specification or to fix an invalid
claim. - A reissue may correct patent defects that
might call the validity of the patent into question.
It is also used, although rarely, to make the claims
broader or narrower. The patentee risks the possibil
ity that previously allowed claims may be rejected.
It does not change the term of the patent. 35 USCA
 251. Sometimes shortened to reissue. [Cases:
Patents C=> 135.]

submarine patent. Slang. A patent that is delayed in
prosecution by the applicant in order to let an infring
ing user continue to develop its business, with the
intention oftaking in later-invented technology once
the patent finally "surfaces" from the U.s. Patent and
Trademark Office. -Typically, the patent applicant
is aware of the developments and consciously delays
the PTa's issuance of a patent, so that the invention's
unwitting users will be forced to pay license fees. As
of29 November 2000, most patent applications must
be published within 18 months of filing, so submarine
patents are relatively rare now. See CONTINUATION
APPI.ICATION LACHES DOCTRINE.
utility-model patent. See UTILITY MODEL.
utility patent. A patent granted for one ofthe following
types of inventions: a process, a machine, a manu
facture, or a composition of matter (such as a new
chemical). Utility patents are the most commonly
issued patents. 35 USCA  101. [Cases: Patents ~
1.]
patentability opinion. See OPINION (2).
patentability search. An inventor's research into a field's
state of the art to determine whether an invention
will qualify for patent protection. Cf. INfRINGEMENT
SEARCH; VALIDITY SEARCH.
patentable, adj. Capable of being patented <patentable
processes>.
patentable combination. A series of process steps,
mechanical elements, or a mixture of materials that
produce a desirable result or effect that is not obvious
from the qualities of the individual components or
steps. [Cases: Patents ~7.1O.1
patentable subject matter. Things that by law can be
patented; any machine, process, manufacture, or
material composition, or an improvement to such
things, that (1) is discovered or invented, (2) is new
and useful, and (3) meets the statutory conditions and
requirements to qualify for a patent.  Patents may
be issued for "any new and useful process, machine,
manufacture, or composition of matter, or any new and
useful improvement thereof." 35 USCA  101. Patents
may not be issued for laws of nature, naturally occur
ring materials, physical phenomena, or abstract ideas
and formulas. But if a naturally occurring material is
processed in a way that gives it a new use, that process
may be patentable. -Often shortened to subject
matter. -Also termed statutory subject matter. [Cases:
Patents
Patent Act. The current federal statute governing patent
registrations and rights, enacted in 1952.35 USCA  1
et seq . The Act reversed several Supreme Court doc
trines of patentability by eliminating the synergism and
"flash ofgenius" requirements for combination patents
( 103), making "means-plus-function" claims valid
once again ( 112), and narrowing the patent-misuse
doctrine ofcontributory infringement ( 271). Also
termed Patent Act of1952. Patent Act of 1790. Hist. The first U.S. patent statute,
establishing a board to examine patent applications,
specifications, and drawings to determine whether
the invention is suffiCiently useful and important" to
justify the granting ofa patent.  The examining board,
comprising the Secretary ofState, the Secretary ofWar,
and the Attorney General, was abolished three years
later in favor ofa simple registration system.
Patent Act of 1793. Hist. An early U.S. patent law that (1)
abandoned the examination process in favor ofsimple
registration (2) established the infringement defenses of
invalidity for lack of novelty or public use; and (3) artic
ulated the four categories ofpatentable subject matter as
machine, manufacture, composition ofmatter, and art
(now called process). -The State Department handled
the registration of patents, and their question of their
validity was left up to the courts.
Patent Act of 1836. Hist. The U.S. statute that charged
the Patent Office with examining patent applications
for novelty and utility, and that first required claims in
patent applications.
Patent Act of 1870. A U.S. statute that shifted the burden
of disclosing the exact nature of an invention to the
patent applicant by requiring a rigorous listing of
distinct claims. -Before the Act was passed, patent
claims were less important than the description and
drawings, and the scope of the patent grant was often
ambiguous.
Patent Act of 1952. See PATENT ACT.
patent agent. See AGENT (2).
patent ambiguity. See AMBIGUITY.
Patent and Copyright Clause. (1929) The constitutional
provision granting Congress the authority to promote
the advancement of science and the arts by establish
ing a national system for patents and copyrights. U.S.
Const. art. I,  8, cl. 8. [Cases: Patents ~3.]
Patent and Trademark Depository Library. A library
that has been designated by the U.S. Patent and Trade
mark Office as an official repository tor information to
aid in a patent or trademark search. Abbr. PTDL.
Patent and Trademark Law Amendments Act. See
BAYH-DOLE ACT.
Patent and Trademark Office. The Department of
Commerce agency that examines patent and trade
mark applications, issues patents, registers trademarks,
and furnishes patent and trademark information and
services to the public. -Abbr. PTa. [Cases: Patents
patent application. An inventor's request for a patent,
filed with the U.S. Patent and Trademark Office and
accompanied by a specification (ending with at least
one claim), drawings, the filing fee, and (except for a
provisional patent application) an oath or a declaration.
[Cases: Patents G'='98.]
allowed application. A patent application for which
the U.s. Patent and Trademark Office examiner has
determined that at least one pending claim meets the

1237
conditions for patentability . When an application
is allowed, the PTO notifies the applicant through
a Notice of Allowability and a Notice ofAllowance.
Once a patent application is allowed, a patent normally
issues after the applicant has paid the required issue
fee. [Cases: Patents <)=> 104.J
application for a reissue patent. An application by
a patentee to change the scope of a patent that has
already been issued, or to correct clerical or tech
nological errors in the issued patent.  The scope of
the claims can be broadened only if the application i
is made within two years of the date the patent was
issued. See reissue patent under PATENT (3). Cfcertifi
cate ofcorrection. [Cases: Patents 104.]
child application. A later-filed application in a chain !
ofcontinuing applications filed during the pendency
ofan earlier application and sharing common subject
matter. The first~filed application is called the parent
application. Cf. parent application. [Cases: Patents
<)=> 1l0.]
continued-prosecution application. A request to
abandon a patent application after final rejection and
reopen a new case with the same file wrapper as the
parent application . CPAs are authorized in 37 CFR
 l.S3(d). -Abbe. CPA. Also termed Rule 1.S3(d)
application. Cf. REQUEST FOR CONTINUED EXAMINA
TION. [Cases: Patents 110.]
continuing application. A patent application that is
filed while the parent application is pending and that
carries on prosecution of some or all of the original
application . Continuation, continuation-in-part,
divisional, and reissue applications are all forms of
continuing applications. [Cases: Patents C=>1l0.]
Convention application. A patent application filed in
accordance with the terms of an international patent
treaty such as the Paris Convention or the Patent
Cooperation Treaty.
divisional application. A patent application based on
the same disclosure as the original application but
claiming a different invention . Ifan examiner finds
that a disclosure reveals two or more distinct inven
tions, the applicant must restrict the original applica
tion to claiming one of the inventions. A divisional
application can then be filed on any nonelected inven
tion, and it will keep the same filing date as the parent
application. Often shortened to divisional. Also
termed restriction application. [Cases: Patents
109.]
file-wrapper continuation application. 1. See CON
TINUATION. 2. See CONTINUATION-IN-PART.
grandparent application. The first-filed application in
a chain of at least three continuation or continuation
in-part patent applications. [Cases: Patents C::) 110.)
informal application. A patent application that is not
in the correct form as required by the U.S. Patent
and Trademark Office . According to the Manual
of Patent Examining Procedure, an application is
informal if it is printed on both sides of the paper, patent-application amendment
or is not permanent, legible, or reproducible. An
informal application may be corrected and still retain
the original filing date. [Cases: Patents <::=>98.]
international application. An application under the
Patent Cooperation Treaty for patent protection in
specified member nations . A PCT filing may be
added as long as 31 months after the initial filing in
a national patent office. It allows for simultaneous
patent searches and examinations in multiple coun
tries. -Also termed PCT application; peTfiling. See
PATENT COOPERATION TREATY.
international application designating the United
States. An international-patent application that
is filed in accordance with the Patent Cooperation
Treaty and specifically seeks patent protection in
the United States . The application may be filed in
any nation, including the U.S., that is a party to the
treaty.
international application originating in the United
States. An international-patent application that
is filed in the U.S. Patent and Trademark Office in
accordance with the Patent Cooperation Treaty .
Under the treaty, the PTO acts as a receiving office for
international applications. 1he applicant mayor may
not be seeking patent protection in the U.S. [Cases:
Patents C:::>97.]
parent application.lhe first-filed application in a chain
oflater-filed continuation or continuation-in-part
applications . An application becomes the parent
application when another type of application (such
as continuation, divisional, or substitute) is filed.
The term "parent" is generally not used to refer to a
provisional application. Cf. child application. [Cases:
Patents <)=> 110.]
provisional application. An application that can be
filed up to a year before the patent application itself, in
order to establish a date for prior art and constructive
reduction to practice . The PPA must include a full
description of the invention, but claims, drawings and
prior-art disclosures are not required. Also termed
provisional patent application. -Abbr. PPA. [Cases:
Patents <)=>98.]
restriction application. See divisional application.
Rule 1.53 application. See continued-prosecution appli
cation.
substitute application. A duplicate application filed
after the response period for a first office action has
expired and the


cation.
substitute application. A duplicate application filed
after the response period for a first office action has
expired and the first application has been deemed
abandoned. A substitute application carries some
danger for the applicant: the original filing date is lost,
and any developments since that date become prior
art that the examiner must consider before granting
the patent. [Cases: Patents 110.)
patent-application amendment. A modification to a
patent application, usu. narrowing or eliminating some
claims in response to an examiner's rejection. [Cases:
Patents <)=> 109.)

amendment after allowance. An amendment sub
mitted to the U.S. Patent and Trademark Office after
the PTO has mailed notice of a patent application's
approval.  Once a notice of allowance has been
mailed, prosecution of the application is closed on
the merits, and the entry of any amendment is within
the discretion of the patent examiner. Amendments
after allowance commonly address such matters as an
amendment to the specification or claims, a change in
the drawings or the list ofinventors, and the submis
sion of prior art. Amendments that merely correct
formal matters in the speCification or drawings,
change the claims without changing their scope, or
cancel a claim are typically approved by the Office.
Amendments ofgreater significance require approval
of the supervisory examiner under policies estab
lished by the group director. CFR  1.312. -Also
termed 312 amendment; Rule 312 amendment. See
amendment after payment ofissuefee. [Cases: Patents
(;::::> 109.J
amendment after appeal. An amendment made after
an appeal is taken from a patent application's final
rejection. Such an amendment is not made as a
matter of right but is frequently allowed if it puts
the case in better form for consideration on appeal
or helps implement an examiner's recommendation.
[Cases: Patents (;::::> 109.]
amendment after final action. An amendment made
after final rejection of the patent application . The
amendment may drop claims but not add them. To
be entered, it may make changes in form, but may
not raise new issues for the examiner. CFR  1.116.
Also termed Rule 116 amendment. [Cases: Patents C.;;c
109.]
amendment after payment ofissue fee. An amend
ment made by the applicant after the application
has been allowed and the issue fee paid. Such an
amendment is not made as a matter of right but is
governed by 37 CFR  1.312. It must be accompanied
by a petition to the Commissioner showing good and
sufficient reasons why the amendment was not pre
sented earlier. See amendment after allowance. [Cases:
Patents (;::::> 109.]
amendment before first action. Seepreliminary amend
ment.
amendment in excess offilingfee. An amendment to a
patent application that increases the number ofclaims
in the original application and requires payment of
an additional fee.
preliminary amendment. An amendment filed before
the U.S. Patent and Trademark Office issues an office
action on a patent application . Amendments that
are not filed with the original application are not con
sidered part of the original disclosure. -Also termed
amendment before first action. [Cases: Patents
109.]
Rule 116 amendment. See amendment after final
action. Rule 312 amendment. See amendment after allow
ance.
312 amendment. See amendment after allowance.
patent attorney. A lawyer who drafts and prosecutes
patent applications, and who represents inventors in
infringement suits and interference hearings . In
addition to a law license, a patent attorney must have a
scientific or technical background, pass the patent bar
examination, and be licensed by the U.S. Patent and
Trademark Office. [Cases: Patents G-~97.1
patent claim. A formal statement describing the novel
features of an invention and defining the scope of the
patent's protection <claim #3 ofthe patent describes an
electrical means for driving a metal pin>. Cf. SPECIFI
CATION (3). [Cases: Patents (;::::> lOL]
"[The patent] application concludes with one or more
'claims.' which are summaries of the points of novelty of
the invention disclosed by the specification. said claims
also following certain fixed forms. If they are broad and
in general terms, the patentee will be well protected, and
will be the possessor of a worth while patent; but if, on the
other hand, the claims are limited in scope, if they recite a
multiplicity of exactly stated and unimportant elements,
or if they are bad in anyone of a number of other ways, the
chances of success are small, the patent will be full of loop
holes of which infringers will be prompt to take advantage,
the inventor will not have received all he is entitled to, nor
all he has paid for, and, if the claims are very limited, it
is more than likely that he will have obtained a patent not
worth the paper upon which it is printed." Richard B. Owen,
Patents, Trademarks, Copyrights, Departmental Practice
14 (1 925).
apparatus claim. A patent claim on a mechanical
device, explaining how the components are con
nected and function together . The preamble of an
apparatus claim typically states the function of the
machine; the body explains its elements and how they
work together.
appendant claim. See dependent claim.
closed-ended claim. A patent claim that expressly
limits its scope to a list of elements, typically intro
duced by the phrase "consisting of." Cf. nearly closed
ended claim; open-ended claim. [Cases: Patents C=C
101(3).]
coined-name claim. A chemical-patent claim con
sisting only of the name of the new material.  A
coined-name claim is allowed by the U.S. Patent and
Trademark Office onlv on the rare occasion when the
name is established fn the field before the patent is
applied for. The chemical composition, its phYSical
properties, and the process for making it must still
be disclosed in the specification.
dependent claim. A patent claim that refers to and
further limits another claim or set of claims in the
same patent application. Also termed appendant
claim. [Cases: Patents C:::>165(5).]
design claim. The Single claim allowed in an applica
tion for a design patent, incorporating by reference the
drawing and other specifications . The brief claim
typically starts with "an ornamental design for" and

1239
ends with "as shown" or "as shown and described." Cf.
omnibus claim. [Cases: Patents C:-~J 101(4).]
fingerprint claim. A chemical-patent claim that differ
entiates the material from prior art in terms ofsome
physical feature, such as melting point or spectrum,
rather than its chemical composition. -Fingerprint
claims are allowed only when the chemical composi
tion cannot be determined or cannot be distinguished
from prior art.
generic claim. A claim that encompasses a class of
elements, any of which could function as equiva
lents. -For a generic claim to be valid, the specific
elements it encompasses must have a definable feature
in common that makes them fit for the purpose.
Also termed genus claim. Cf. species claim. [Cases:
Patents (;::>101(5).]
improvement claim. See Jepson claim.
independent claim. A patent claim that does not refer
to any other claim.
Jepson claim. An improvement-patent claim charac
terized by a preamble setting forth the current state
of the art, followed by the phrase "the improvement
comprising" and a description ofthe claimed patent
able improvement. -The name comes from Ex parte
Jepson, 1917 C.D. 62, 243 O.G. 526 (Ass't Comm'r Pat.
19l7), in which this type of claim was first approved
and sanctioned bv the Commissioner of Patents.
Also termed imp;ovement claim.
Markush claim. A patent claim that includes elements
listing alternative chemicals, materials, or steps in a
process. _ A Markush claim typically has language
such as "selected from the group consisting of." The
alternatives must all give the same result, rather than
patentably distinct products. The name derives from
Ex parte Markush, 1925 Dec. Comm'r Pat. 126. See
MARKUSH DOCTRINE. [Cases: Patents~101(7).)
means-combination claim. A type ofclaim in a patent
application that includes multiple limitations, at I
least one ofwhich is in means-plus-function or step-.
plus-function form. _ Means-combination claims !
are acceptable to examiners. [Cases: Patents ~J I
101(10).)
means-plus-function claim. See MEANS-PLUS-FUNC
TION CLAUSE.
method claim. A patent claim that describes what is
done to a workpiece in order to achieve the useful
result claimed. - A method claim is the same thing
as a process claim, but "method" is used more often i
in applications for mechanical and electrical devices. I
[Cases: Patents C:-;) 101(11).) .
multiple-dependent claim. A dependent claim that
refers to more than one other preceding claim.
nearly closed-ended claim. A patent claim that limits I
its scope to a list ofelements but does not expressly
exclude close analogues. The claim is typically intro
duced by a phrase such as "consisting essentially of."
Cf. closed-ended claim; open-ended claim. patent claim
new-use claim. A method claim for a new way ofusing
an existing invention. [Cases: Patents ~27(l).]
nonelected claim. A claim that has been withdrawn
from consideration based on the examiner's finding
that the application claims more than one invention.
_ The applicant must elect to prosecute one inven
tion. Other claims may either be abandoned or else be
prosecuted separately under a divisional application.
See RESTRICTION (4).
nonstatutory claim. See omnibus claim.
omnibus claim. A claim in a patent application that
does not distinctly narrate a means to carry out a
function but rather refers to the drawings or descrip
tion with phrases such as "as described and shown."
Omnibus claims are rejected in the United States but
are accepted elsewhere. Also termed nonstatutory
claim. Cf. design claim.
open-ended claim. A patent claim that contains a
nonexclusive list of elements, typically introduced
by the phrase "consisting of." - A later patent appli
cant cannot avoid infringement by merely adding an
analogue to the list. Cf. closed-ended claim; nearly
closed-ended claim.
plant-patent claim. The Single claim in a plant -patent
application, describing the principal distinguishing
characteristics ofthe plant.
process claim. A patent claim that describes by steps
what is done to the subject matter, usu. a substance,
in order to achieve a useful result. - A process claim
is the same thing as a method claim, but "process" is
used more often in applications for chemical patents.
[Cases: Patents C:-::> 101(11).]
product-by-process claim. A patent claim defining
a product through the process by which it is made.
-The product-by-process claim is most often used
to define new chemical compounds, such as drugs.
[Cases: Patents ~101(11).]
product claim. A patent claim that covers the structure,
apparatus, or composition ofa product.
single-means claim. A type ofclaim in a patent appli
cation that indicates a process, result, or function
but does not describe the method of reaching that
end <a method ofcuring cancer>. _ Where no other
method is obvious, such an assertion claims rights
to all possible ways ofachieving the result -ways
not specified in the application and even ways that
have not yet been invented. Single-means claims are
rejected as too broad. -Also termed single-element
means claim. Cf. MEANS-PLUS-FU::-.fCTION CLAUSE.
[Cases: Patents <>:::> 101(8).]
species claim. A claim that is limited to a single appa
ratus, process, composition of matter, or article of
manufacture, rather than to a range of similar and
related items. Cfgeneric claim.
Squires claim. A utility-patent claim that incorpo
rates a drawing or table by reference. -This claim is
allowed by the u.s. Patent and Trademark Office only

1240 Patent Cooperation Treaty
if there is no practical way to define the invention in
words, but the invention is simple to illustrate with
the drawing or table. See SQt:lRES DOCTRINE. [Cases:
Patents C::;)101(4).]
subcombination claim. A patent claim, usu. on a
device, describing a subsystem of a larger combina
tion. A subcombination may be patented separately
if it has its own utility. [Cases: Patents 101(10).]
Patent Cooperation Treaty. A 1970 treaty that stream
lined the process of securing patents in multiple coun
tries by establishing a single filing date and providing
for a single preliminary patent search . An inventor
who wants to qualify for patents from several member
countries files a standard application in one country,
thus preserving the priority date, then submits a PCT
filing that deSignates which other countries' patents are
being applied for. WIPO, the United Nations' World
Intellectual Property Organization, administers the
treaty. Often shortened to PCT. See international
application under PATENT APPLICATION. [Cases: Patents
C=>97.]
patent danger. See apparent danger (1) under DANGER.
patent deed. See LETTERS PATENT (2).
patent defect. See DEFECT.
patent disclaimer. See statutory disclaimer under DIS
CLAIMER.
patentee (pat-<m-tee). One who either has been granted a
patent or has succeeded in title to a patent.  Although
it might seem helpful to distingUish a patentee as
a person to whom a patent is issued and a patent
holder as the owner of a patent, including the original
grantee's assigns, the Patent Act explicitly includes
all title-holders under the term "patente


including the original
grantee's assigns, the Patent Act explicitly includes
all title-holders under the term "patentee," 35 USCA
 100(d). -Also termed patent-holder; patent-owner.
[Cases: Patents 117.]
patent-exhaustion doctrine. Patents, The rule that the
unconditioned sale of a patented article ends the pat
entee's monopoly right to control its use . That control
may still be exercised by limitations in a contract or
license, as long as it does not amount to anticompeti
tive patent misuse. Adams v. Burke, 84 U.S. (17 Wall.)
453 (1874). See FIRST-SALE DOCTRINE. lCases: Patents
C=> 191.]
patent grant. See PATENT (3).
patent-holder. See PATENTEE.
patent infringement, See INFRINGEMENT,
patent insurance. See INSURANCE.
patent marking. The incorporation or affixation of a
patent number to a patented article's surface or sur
rounding packaging . AffiXing the patent number to
a product gives constructive notice of patent rights to
infringers. Without the number in place, a patentee can
not recover losses that occur before the infringer has
actual notice of the patent. 35 USCA  287. See PATENT
NUMBER, [Cases: Patents C=>222.] patent medicine. A packaged drug that is protected by
trademark and is available without prescription. [Cases:
Health C=>302-308.]
patent-misuse doctrine. An equitable rule that patentees
should not be allowed to use their patent to effectively
broaden the scope of their monopoly in restraint of
trade or otherwise against the public interest.  Two
common examples of anticompetitive broadening
are (1) using a patent to restrain competition from
an unpatented product or process, and (2) employing
the patent beyond its lifespan to exclude others from
gaining commercial advantages by using the product
or process. The practical effect offinding patent misuse
is the loss of patent protection. The doctrine operates
independently ofantitrust law but overlaps it in many
ways and arose in the same era, at the turn of the 20th
century. It has been described as an application of the
equitable rule of "unclean hands." See nonmetered
license under LICENSE. [Cases: Antitrust and Trade
Regulation C=>S87(3), 682, 732.]
patent number. Patents. The unique eight-charac
ter number assigned by the U.S. Patent and Trade
mark Office to a patent upon issuance. See PATENT
MARKING.
Patent Office. See UNITED STATES PATENT AND TRADE
MARK OFFICE.
Patent Office Reports. Hist. The former official publica
tion of the U.S. Patent and Trademark Office . It was
replaced in 1872 by the Official Gazette of the United
States Patent and Trademark Office.
patent ofprecedence. Hist. A royal grant to a person by
letters patent of a higher social or professional rank
than the person would ordinarily hold or be entitled to.
 In the 19th and early 20th centuries, the patent was
most often used to give certain barristers more rights
and privileges. For example, a King's Counsel could not
represent a party against the Crown without a patent
of precedence. See PREAUDIENCE.
patentor (pat-em-tar or pat-an-tor). One who grants a
patent.
patent-owner. See PATENTEE.
patent pending. (1917) The designation given to an
invention while the Patent and Trademark Office is pro
cessing the patent application. _ No protection against
infringement exists, however, unless an actual patent is
granted. Abbr. pat. pend. [Cases: Patents C=> 104.1
patent pooling. The cross-licensing of patents among
patentees. Patent pooling does not violate antitrust
laws unless it is done to suppress competition or control
an industry, [Cases: Monopolies 12(15).]
patent-prosecution process. See PROSECUTION (4).
patent right. 1. See PATENT (3).2. See RIGHT.
patent-right dealer. A person who buys and sells or
brokers the sale or purchase ofpatent rights.
Patent Roll. Hist. A list of the letters patent issued in
the United Kingdom in any given year . 'The first
Patent Roll was issued in England in 1201. The Rolls

1241
were originally used to grant offices, lands, licenses,
peerages, and pensions. In later centuries, they included
grants ofpatents for inventions.
patent search. 1. See INFRINGEMENT SEARCH. 2. See PAT
ENTABILITY SEARCH. 3. See VALIDITY SEARCH.
patent solicitor. See patent agent under AGENT (2).
patent suppression. The deliberate nonuse of a patent,
esp. in order to deny the public or competitors the
benefit of the invention. -Patent suppression is a rich
source of urban legend, such as the rumor of oil com
panies sitting on inventions that would greatly improve
gas mileage, or pantyhose companies suppressing a
patent on no-run nylon. But the stories are not always
fictional: in 1942 Standard Oil admitted trying to delay
synthetic-rubber technology in order to protect its
market in natural rubber.
patent term. The period during which a patent is in force.
[Cases: Patents (;:::::> 131.]
patent-term adjustment. A compulsory extension of the
time a utility or plant patent remains in force, following
administrative delays in prosecuting the application .
A provision of the American Inventors' Protection Act
of 1999, the extension is available for new applications,
continuation applications, and divisional applications
filed since May 29, 2000. Abbr. PTA. Cf. PATENT
TERM EXTENSION. [Cases: Patents 133.]
patent-term extension. A lengthening of the time a
patent remains in force, given to compensate inven
tors for time lost because of administrative delays
such as interferences, secrecy orders, or appeals . The
extension applies to original utility and plant patents
issued after June 7, 1995 and before May 29, 2000.
Its maximum length is five years. Cf. PATENT-TERM
ADJUSTMENT. [Cases: Patents (;:::::> 133.)
patent-term guarantee. An inventor's statutory right
to extend the term of a patent if the application was
delayed by the u.S. Patent and Trademark Office . The
term can be extended up to five years if the applica
tion was delayed because ofan interference proceeding
or appellate review, or if the PTa missed a statutory
deadline for certain steps in the prosecution, or failed
to grant the patent within three years ofthe filing date.
The guarantee took effect May 29, 2000. [Cases: Patents
133.]
patent watch. A system for continually monitoring pub
lished patent applications and newly issued patents in
a particular scientific or technological field to detect or
ensure against infringements.
patent writ. See WRIT.
pater (pay-tar), n. [Latin] Father.
paterfamilias (pay-tar-fa-mil-ee-as or pah-tJr-), n.
[Latin) Roman law. 'The male head of a family or house
hold, the senior ascendant male; esp., one invested with
potestas (power) over another. -Also termed homo sui
juris. See patria potestas under POTESTAS.
paternal, adj. (15c) Of, relating to, or coming from one's
father <paternal property>. Cf. MATERNAL. patient's bill of rights
paternalism, n. (1873) A government's policy or practice
of taking responsibility for the individual affairs of its
citizens, esp. by supplying their needs or regulating
their conduct in a heavyhanded manner. paternal
istic, adj.
paternal line. See LINE.
paternal-line descent. See DESCENT.
paternal property. See PROPERTY.
paterna paternis (pa-t.u-n;:> p;:>-t3r-nis). [Law Latin]
Hist. Goods acquired through the father descend to
those connected with him. The phrase invoked the
distinction between the succession of consanguinean
half-brothers and uterine half-brothers. Ct: MATERNA
MATERNIS.
paternity (pa-t<Jr-ni-tee). (I5c) 1. The state or condition
ofbeing a father, esp. a biological one; fatherhood. Cf.
FILIATION. [Cases: Children Out-of-Wedlock C= 1.) 2.
ATTRIBUTION RIGHT.
paternity action. See PATERNITY SUIT.
paternity presumption. See PRESUMPTION OF PATER
NITY.
paternity suit. (1945) A court proceeding to determine
whether a person is the father of a child (esp. one born
out of wedlock), usu. initiated by the mother in an
effort to obtain child support. -Also termed paternity
action; parentage action; bastardy proceeding; bastardy
process. [Cases: Children Out-of-Wedlock c-~30.)
paternity test. (1926) A test, usu. involving DNA iden
tification or tissue-typing, for determining whether a
given man is the biological father of a particular child.
See DNA IDENTIFICATION; HUMAN-LEUKOCYTE ANTIGEN
TEST; BLOOD-GROUPING TEST. [Cases: Children Out-of-
Wedlock 58.)
paterpatriae (pay-tar pay-tree-ee orpa-tree-ee). [Latin]
Father of the country. See PARENS PATRIAE.
pathological intoxication. See INTOXICATION.
pathology (pa-thol-a-jee), n. (l7c) The branch of medical
study that examines the origins, symptoms, and nature
of diseases. -pathological (path-<l-loj-i-k<ll), adj.
pathologist (p<l-thol-a-jist), n.
patiens (pay-shee-enz), n. [Latin] A person who suffers
or permits; the passive party in a transaction. Cf. AGENS
(1).
patient, n. A person under medical or psychiatric care.
[Cases: Health C='576.]
patient-litigant exception, (1951) An exemption from
the doctor-patient privilege, whereby the privilege is
lost when the patient sues the doctor for malpractice.
[Cases: Privileged Communications and Confidential
ity
patient-physician privilege. See doctor-patient privilege
under PRIVILEGE b).
patient's bill of rights. (1973) A general statement of
patient rights voluntarily adopted by a healthcare
provider or mandated by statute, covering such matters

as access to care, patient dignity and confidentiality,
personal safety, consent to treatment, and explanation
ofcharges. [Cases: Health (:::>582.]
pat. pend. abbr. PATENT PENDING.
patria (pay-tree-a or pa-tree-d), n. [Latin] 1. Roman
law. The fatherland; a person's home area. 2. Hist. The
country or the area within it, such as a county or neigh
borhood. 3. Hist. A jury, as when a defendant "puts
himself upon the country" (ponit se super patriam).
See CONCLUSION TO THE COUNTRY; GOING TO THE
COUNTRY; PAYS.
"Though our Latin uses parria, our French uses pays, which
descends from Latin pagus. The 'country' of this formula
is not our father-land but 'the country-side.'" 2 Frederick
Pollock & Frederic W. Maitland, The History of English Law
Before the Time of Edward 1624 n.l (2d ed, 1899),
patria potestas. See POTESTAS.
patriation. Canadian law. The process of transferring
constitution-related legislation or documents from
a former colonial power to a nation that was once a
dependency ofthat power.
"The word 'patriation' is a Canadian neologism that
describes the bringing of the Canadian Constitution to
Canada, Although this may sound strange to non-Canadian
readers, Canada's formal Constitution was, before 1982, to
be found in a U.K. statute. Therefore, only the U.K. Parlia
ment was competent to amend it and to formally terminate
its authority over future constitutional amendments. As a
U. K. statute, the Canadian Constitution had never been
in Canada. Therefore, it could not be 'repatriated.' Hence
the use of the word 'patriation.'" Jean-Francois Gaudreault
Desbiens, The Quebec Secession Reference and the Judicial
Arbitration ofConflicting Narratives About Law, Democracy,
and Identity, 23 Vt. L. Rev, 793, 807 n.43 (1999).
patrician (p;l-trish-;m), n. Roman law. One of a privi
leged class ofRoman citizens, as contrasted with plebe
ians. -Originally probably the rank was only by birth.
They monopolized all the priesthoods and probably
their class was defined by religious prerogatives, but
membership in the senate was not confined to patri
cians. They lost their monopolies by B.C. 300, but one
consul continued to be a patrician, and they held at
least half the priestly offices. Emperors could and did
confer patrician status on favored individuals. The
hereditary patricians disappeared in the third century
A.D., but later emperors revived the title as a personal
honor for faithful service.
patricide (pa-trd-sId), n, (l6c) 1. The act of killing one's
own father. 2. One who kills his or her father. Cf. PAR
RICIDE. patricidal, adj.
patrimonial (pa-trd-moh-ne


. Cf. PAR
RICIDE. patricidal, adj.
patrimonial (pa-trd-moh-nee-JI), adj. Of or relating to
an inheritance, esp. from a male ancestor.
patrimonio ejus abest (pa-trd-moh-nee-oh ee-jJs ab-est).
[Latin] Hist. That which is wanting from a person's
estate . The phrase includes items held by one person
but due to another, such as stolen goods or money for
an unpaid debt.
patrimonium (pa-trJ-moh-nee-am), n. [Latin] Roman
law. Property that is capable ofbeing inherited; private
property. Also termed patrimony. patrimony (pa-tr;l-moh-nee). (l4c) 1. An estate inherited
from one's father or other ancestor; legacy or heritage.
2. Civil law. All of a person's assets and liabilities that
are capable ofmonetary valuation and subject to execu
tion for a creditor's benefit. 3. PATRIMONIUM.
Patriot Act. See USA PATRIOT ACT.
patron. (ISc) 1. A regular customer or client ofa business.
2. A licensee invited or permitted to enter leased land
for the purpose for which it is leased. 3. A person who
protects or supports some person or thing.
patronage (pay-trd-nij). (16c) 1. The giving of support,
sponsorship, or protection. 2. All the customers ofa
business; clientele. 3. The power to appoint persons
to governmental positions or to confer other political
favors. -Also termed (in sense 3) political patronage.
See SPOILS SYSTEM. [Cases: Officers and Public Employ
ees
patronizing a prostitute. (1956) 'The offense ofrequest
ing or securing the performance of a sex act for a fee;
PROSTITUTION. Cf. SOLICITATION (3). (Cases: Prostitu
tion 16.]
patron us (pJ-troh-n;}s), n. [Latinl1. Roman law. Someone
who had manumitted a slave, and was therefore entitled
to certain services from the slave. 2. ADVOWEE. PI.
patroni (pJ-troh-m).
patruus (pa-troo-as), n. [Latin] Roman & civil law. A
father's brother; a paternal uncle.
patruus magnus (pa-troo-<3s mag-nds), n. [Latin] Roman
& civil law. A grandfather's brother; a great-unde.
patruus maximus (pa-troo-;ls mak-S;l-m;}s). See ABPA
TRUUS.
pattern, n. (1883) A mode ofbehavior or series of acts
that are recognizably consistent <a pattern of racial
discrimination>.
pattern jury charge. See model jury instruction under
JURY INSTRUCTION.
pattern jury instruction. See model jury instruction
under JURY INSTRUCTION.
pattern of racketeering activity. (1972) Two or more
related criminal acts that amount to, or pose a threat of,
continued criminal activity. -This phrase derives from
the federal Racketeer Influenced and Corrupt Orga
nizations Act. See RACKETEERING. (Cases: Racketeer
Influenced and Corrupt Organizations (:::>24,104.]
pattern-or-practice case. A lawsuit, often a class action,
in which the plaintiff attempts to show that the defen
dant has systematically engaged in discriminatory
activities, esp. by means of policies and procedures.
Typically, such a case involves employment discrimi
nation, housing discrimination, or school segregation.
A plaintiff must usu. show that a defendant's behavior
forms a pattern of actions or is embedded in routine
practices but inferences ofexecutive or official complic
ity may be drawn from a consistent failure to respond to
complaints or implement corrective measures. [Cases:
Civil Rights (:::> 1033(1), 1074, 1139.]

1243
pattern similarity. See comprehensive nonliteral similar
ity under SIMILARITY.
paucital (paw-si-tal), adj. Rare. See IN PERSONAM.
Pauline privilege. Eccles. law. The doctrine that a
baptized person's marriage to a never-baptized person
may be dissolved under certain circumstances, when
dissolution is beneficial to the Roman Catholic Church.
 The privilege is ordinarily exercised when (1) the
marriage was valid, (2) the baptized spouse now wishes
to marry a Catholic, and (3) at the time ofthe marriage,
both parties were unbaptized in any faith. Before the
privilege can be exercised, (1) the unbaptized spouse
must have deserted the baptized spouse without just
cause, (2) the unbaptized spouse must still be unbap
tized, (3) the baptized spouse must make the proper
appeals to the Church, and (4) the Church must rule
that the privilege is exercisable. There is uncertainty
about the extent of the privilege. Cf. PETRINE PRIVI
LEGE.
pauper. (16c) A very poor person, esp. one who receives
aid from charity or public funds; INDIGENT. See IN
FORMA PAUPERIS. [Cases: Social Security and Public
Welfare
pauperies (paw-par-eez), n. [Latin "impoverishment"]
Roman law. Damage done by a domesticated four
footed animal.  The animal's owner was liable for the
damage. See actio de pauperie under ACTIO.
pauper's affidavit. See poverty affidavit under AFFIDA
VIT.
pauper's oath. See OATH.
pawn, n. (15c) 1. An item of personal property depos
ited as security for a debt; a pledge or guarantee . In
modern usage, the term is usu. restricted to the pledge
of jewels and other personal chattels to pawnbrokers
as security for a small loan. 2. The act of depositing
personal property in this manner. 3. The condition of
being held on deposit as a pledge. 4. PIGNUS (1). Cf.
BAILMENT (1); PIGNUS (4). pawn, vb.
pawnbroker, n. One who lends money, usu. at a high
interest rate, in exchange for personal property that
is deposited as security by the borrower. [Cases:
Consumer Credit c;::~,5.] pawnbroking, n.
pawnee. One who receives a deposit ofpersonal property
as security for a debt. [Cases: Consumer Credit (;d
5.)
pawnor. One who deposits an item ofpersonal property
as security for a debt. Also spelled pawner. [Cases:
Consumer Credit
pax regis (paks ree-jis), n. [Latin "the king's peace"] Hist.
1. The government's guarantee of peace and security
of life and property to all within the law's protection.
2. VERGE (1).
payable, adj. (14c) (Of a sum of money or a negotiable
instrument) that is to be paid . An amount may be
payable without being due. Debts are commonly
payable long before they fall due. payment
payable after sight. (18c) Payable after acceptance or
protest of nonacceptance. See sight draft under DRAFT.
[Cases: Bills and Notes (;d129(3).]
payable on demand. (17c) Payable when presented or
upon request for payment; payable at any time. lCases:
Bills and Notes (;d129(3).]
payable to bearer. (I8c) Payable to anyone holding the
instrument. [Cases: Bills and Notes (;:::~21O, 427(1).]
payable to order. (l7c) Payable only to a specified payee.
[Cases: Bills and Notes ('~427.]
payable, n. See account payable under ACCOUNT.
payable date. See DATE.
pay any bank. A draft indorsement that permits only
banks to acquire the rights of a holder until the draft
is either returned to the customer initiating collection
or specially indorsed by a bank to a person who is not a
bank. UCC  4-20l(b). [Cases: Banks and Banking
158; Bills and Notes <8::::> 190.]
payback method. An accounting procedure that
measures the time required to recover a venture's initial
cash investment.
payback period. The length of time required to recover
a venture's initial cash investment, without accounting
for the time value of money.
paydown, n. A loan payment in an amount less than the
total loan principal.
payee. (18c) One to whom money is paid or payable; esp.,
a party named in commercial paper as the recipient of
the payment. Cf. PAYOR.
payer. See PAYOR.
pay-if-paid clause. See CLAUSE.
paying quantities. Oil & gas. An amount of mineral pro
duction from a single well sufficient to justify a rea
sonably prudent operator to continue producing from
that welL. Most jurisdictions interpret the language
"for so long thereafter as oil and gas is produced" in
habendum clauses to mean so long as paying quantities
are produced. See HABENDUM CLAUSE. [Cases: Mines
and Minerals (;d78.l(8).J
payment. (I4c) 1. Performance of an obligation by
the delivery of money or some other valuable thing
accepted in partial or full discharge of the obligation.
[Cases: Payment G':::C 1.) 2. The money or other valuable
thing so delivered in satisfaction of an obligation.
advance payment. (16c) A payment made in anticipa
tion of a contingent or fixed future liability or obli
gation.
balloon payment. (1935) A final loan payment that is
usu. much larger than the preceding regular payments
and that discharges the principal balance ofthe loan.
See balloon note under NOTE (1).
conditional payment. (17c) Payment of an obligation
only on condition that something be done . Gen
erally, the payor reserves the right to demand the

payment bond 1244
payment back if the condition is not met. [Cases:
Payment
constructive payment. (1827) A payment made by
the payor but not yet credited by the payee. -For
example, a rent check mailed on the first of the month
is a constructive payment even though the landlord
does not deposit the check until ten days later.
direct payment. (18c) 1. A payment made directly to
the payee, without using an intermediary, such as a
child-support payment made directly to the obligee
parent rather than through the court. 2. A payment
that is absolute and unconditional on the amount, the
due date, and the payee.
down payment. (1926) The portion of a purchase
price paid in cash (or its equivalent) at the time the
sale agreement is executed. Cf. BINDER (2); EARNEST
MONEY. [Cases: Vendor and Purchaser C=:>69.1,
334(1).]
indefinite payment. 1. A stream of payments with no
termination date, or a single payment with no speci
fied due date. 2. A payment that does not specify to
which debt it should be applied when it is made to a
single creditor who holds several ofthe payor's debts.
[Cases: Payment C=:>39-46.]
installment payment. One of a series of periodic
payments made under an installment plan. See
INSTALLMENT SALE. [Cases; Sales (;=,192.]
involuntary payment. (18c) A payment obtained by
fraud or duress. [Cases: Payment C='86, 87.]
lump-sum payment. (1914) A payment of a large
amount all at once, as opposed to a series ofsmaller
payments over time. Cf. periodic payment.
part payment. A buyer's delivery of money or other
thing ofvalue to the seller, and its acceptance by the
seller, when the money or the value ofthe thing does
not equal the full sum owed. [Cases: Sales (;=,202(7);
Vendor and Purchaser C=:> 184.]
periodic payment. One of a series of payments made
over time instead ofa one-time payment for the full
amount. Cf. lump-sum payment.
two-party payment. A single payment made by check
to two people, usu. for the sum of the amount due to
each person.
unofficious payment. A payment made by a person who
has an interest in seeing that it should be made.
payment bond. See BOND (2).
payment date. See DATE.
payment in due course. (1816) A payment to the holder
ofa negotiable instrument at or after its maturity date,
made by the payor in good faith and without notice
of any defect in the holder's title. See HOLDER IN DUE
COURSE.
payment intangible. See INTANGIBLE.
payment into court. (1829) A party's money or property
deposited with a court for distribution after a proceed
ing according to the parties' settlement or the court's order. See INTERPLEADER. [Cases: Deposits in Court
payoff. See KICKBACK.
payola (pay-oh-I;}). (1937) An indirect and secret payment
for a favor, esp. one relating to business; a bribe.
pay-on-death account. See ACCOUNT.
pay-on-death bank account. See pay-an-death account
under ACCOUNT.
payor. (l6c) One who pays; esp., a person responsible for
paying a negotiable instrument. Also spelled payer.
See DRAWEE; PAYEE.
payor bank. See BANK.
pay-or-play contract. See CONTRACT.
payout period. The time required for an asset to produce
enough revenue to pay back the initial investment;
esp., in oil-and-gas law, the time required for a well to
produce a sufficient amount ofoil or gas to pay back the
investment in the well.
payout ratio. The ratio between a corporation's divi
dends per share and its earnings per share. Cf. COM