This particular term sometimes generates confusion among people reading about it, but not among people hearing about it. The "patent ambiguity doctrine" actually has nothing to do with patent law. "Patent" in the context of the "patent ambiguity doctrine" is pronounced "pay-tent" (not "pa-tent") and is distinguished from "latent." A patent defect, for example, is a defect that is obvious on its face, whereas a latent defect is a defect that is hidden or concealed. This is also why whenever you say something like: "That claim is patently false," be sure to pronounce it "pay-tently" rather than "pat-ently."
The "patent ambiguity doctrine" specifically relates to government contracts. When dealing with an obvious (or "pay-tent") ambiguity in a government provided plan or specification, the contractor has an affirmative duty to seek clarification from the government before submitting its bid. Failure to do so may legally prevent the contractor from raising an ambiguity argument after the contract has been awarded.
Thus, although the terms are both spelled exactly the same, and although they are both legal terms, they are pronounced differently, and they have starkly different definitions.
The "patent ambiguity doctrine" specifically relates to government contracts. When dealing with an obvious (or "pay-tent") ambiguity in a government provided plan or specification, the contractor has an affirmative duty to seek clarification from the government before submitting its bid. Failure to do so may legally prevent the contractor from raising an ambiguity argument after the contract has been awarded.
Thus, although the terms are both spelled exactly the same, and although they are both legal terms, they are pronounced differently, and they have starkly different definitions.
RSS Feed