Legal Definitions - nonstatutory

Definition: Nonstatutory refers to something that is not enforceable by enacted law, but rather by other legal precepts such as precedent or trade custom. In the context of patents, it refers to inventions that do not meet certain statutory requirements, such as novelty, utility, nonobviousness, or enabling description. It can also refer to equitable defenses to infringement claims, such as estoppel, inequitable conduct, or laches.

• A company may have a nonstatutory policy of allowing employees to work from home on Fridays.
• A patent application may be rejected for being nonstatutory if it does not meet the requirements for novelty or nonobviousness.
• In a patent infringement case, the defendant may use a nonstatutory defense such as laches, arguing that the plaintiff waited too long to bring the claim.

These examples illustrate how nonstatutory can refer to legal concepts that are not explicitly written into law, but are still enforceable in certain contexts. In the case of patents, nonstatutory requirements are used to determine whether an invention is eligible for patent protection. In the case of equitable defenses, nonstatutory concepts such as laches can be used to argue against a patent infringement claim.