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ABANDONMENT  look up translate image
An inventor may decide to abandon a patent application that is pending in the patent office by not responding to communications from the patent office or by notifying the patent office that he or she officially abandons the application. Once an application is abandoned, patent office will no longer consider the application for patentability. An inventor may revive an abandoned application if he or she can satisfy the patent office that the abandonment was unintentional or unavoidable. Reference- MPEP 711
ABSOLUTE NOVELTY  look up translate image
A requirement of some patent offices (but not the USPTO) that public disclosure or sale of an invention anywhere in the world cannot occur prior to the filing of a valid patent application.
ACTION  look up translate image
An official communication from a patent office, usually requiring some response by the applicant. Reference- MPEP 707
ADMISSIONS BY APPLICANT  look up translate image
A statement by an applicant for patent that can or is used to deny the patentability of an invention, in some cases regardless of whether the statement is true. Reference- MPEP 2129
ADVISORY ACTION  look up translate image
An action advising an applicant of the status of an application, typically advising him/her that the amendment filed just prior to the mailing of the advisory action does not place the application in condition for allowance of the claims. See Action. Reference- MPEP 714.13
AFFIDAVIT  look up translate image
A written, sworn statement that includes facts in support of the patentability of an invention. Under U.S. rules, an affidavit or declaration under 37 CFR 1.131 is used to "swearing behind" a reference and an affidavit or declaration under 37 CFR 1.132 is used in traversing a rejection. Reference- 37 CFR 1.131
AGENT (PATENT)  look up translate image
An individual who has passed the US Patent Office Bar exam and is registered to practice (may be referred to as a practitioner or representative) - but who is not an attorney, therefore does not practice other aspects of law. A patent agent is authorized to act for or in place of applicants (inventors) before the US patent office. -- See 37 CFR 10.6 and the searchable online Patent Attorney Agent Roster
AGGREGATION  look up translate image
A ground for rejection of a patent claim that is based on a lack of cooperation among the elements of an invention. A rejection for aggregation is considered non-statutory. Reference- MPEP 2173.05(k)
ALLOWANCE  look up translate image
Allowance is the term used by the patent office to indicate that a patent application is in a condition to become a granted patent.
AMENDMENT  look up translate image
Any change to a patent application that is pending in the patent office. Amendments are usually made in response to a communication from the patent office, but an inventor can submit a preliminary amendment before he or she receives any communication from the patent office. Amendments can not add information that was not part of the original patent application, but portions of the application may be deleted or rewritten and obvious errors corrected.
ANTICIPATION  look up translate image
A reference that contains all of the elements of a claim is considered to anticipate the claim.
APPLICATION (FOR PATENT)  look up translate image
A document describing a claimed invention and requesting that a patent on the claimed invention be granted to an applicant. In the U.S., an application must include a specification and a drawing (if required to understand the invention). A regular U.S. patent application must also include at least one claim and it must be accompanied by an oath and a fee. In addition to a specification and a fee, a provisional U.S. patent application must be accompanied by a cover sheet and a fee. Reference- MPEP 601
APPLICATION NUMBER (PATENT)  look up translate image
The unique number assigned to a patent application when it is filed. The application number includes a two digit series code and a six digit serial number.
APPLICATION SERIES  look up translate image
A grouping of application serial numbers (the last six digits of the application number) having the same series code. MPEP 503.
APPLICATION, CONTINUATION  look up translate image
A subsequent application for the same invention disclosed in a prior (regular or nonprovisional) application that is filed before the original application becomes abandoned or patented. Also called a continuing application. Reference - MPEP 201.07(b)
APPLICATION, CONTINUATION-IN-PART  look up translate image
An application by the same applicant repeating a substantial portion or all of an earlier (regular or nonprovisional) application and adding matter not disclosed in the original application that is filed before the original application becomes abandoned or patented. Also called a CIP. MPEP 201.08.
APPLICATION, DIVISIONAL  look up translate image
A later application "carved out of" an earlier application for an invention that is disclosed in the earlier application but that is distinct or independent from the invention claimed in the earlier application that is filed before the earlier application becomes abandoned or patented. Also known as a division. MPEP 201.06.
APPRAISAL OF PATENT  look up translate image
Determination of the value of a patent using a recognized expert or third party
ART UNIT  look up translate image
A subunit of a patent examining group. Also called Group Art Unit. MPEP 502.
ARTICLE OF MANUFACTURE  look up translate image
A product, a physical thing. There is no clear difference between an article of manufacture and a machine. Under U.S. law, one of the statutory classes of inventions. MPEP 2105, MPEP 2106, MPEP 2114.
ASSERT  look up translate image
To assert a patent is to attempt to enforce it. To attempt to prevent an unlicensed party from practicing an invention.
ASSERT PATENT  look up translate image
Enforce a patent (demand payment for use of the patent) when the owner of patent does not practice the patent
ASSERTIVE LICENSING  look up translate image
Aggressive, pro-active demand for compensation from the user(s) of a patent by a patent owner that does not practice the patent
ASSIGNEE  look up translate image
A recipient of an ownership right in a patent application, patent or interest in a patent application or patent. MPEP 301.
ASSIGNMENT  look up translate image
A transfer by a party (the assignor) of all or part of its right, title and interest in a patent or patent application to another party (the assignee). In this regard, patents have the attributes of personal property. MPEP 301.
ASSIGNOR  look up translate image
The entity that transfers an ownership right in a patent application, patent or interest in a patent application or patent. MPEP 301.
BACKGROUND OF THE INVENTION  look up translate image
A section heading in the specification of a U.S. patent application that includes a statement of the technical field of the invention and a description of related art. MPEP 608.01(d).
BAR, STATUTORY  look up translate image
A circumstance that prevents (bars) issuance of a valid patent. MPEP 2133.
BASE CLAIM  look up translate image
A claim from which another claim depends, either directly or indirectly. MPEP 608.01(n).
BASIC PATENT  look up translate image
The first member of a "family" of patents (which may or may not be the first member published. Sometimes also called the parent patent - the following ones being "children".
BEST MODE  look up translate image
The way of implementing the inventive concept contemplated by the inventor on the filing date of the patent application. MPEP 608.01(h), MPEP 2165, MPEP 2165.01, MPEP 2165.02.
BIOLOGICAL MATERIAL  look up translate image
Material referenced in the disclosure of a patent application that is capable of self-replicating, either direclty or indirectly. Examples include bacteria, fungi including yeasts, algae, protozoa, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, plant tissue cells, lichens and seeds. MPEP 2403, MPEP 2403.01, MPEP 2403.02.
BOARD OF PATENT APPEALS AND INTERFERENCES  look up translate image
A board of senior examiners that hears appeals of adverse patentability decisions of examiners. MPEP 1202, MPEP 1203.
CARROT LICENSE  look up translate image
An agreement, entered into amicably, to pay a fee to the owner of a patent for the use of the patented invention. The opposite of a "carrot license" is a "stick license."
CERTIFICATE OF CORRECTION  look up translate image
Issued upon patentee request due to a U.S. Patent and Trademark Office or applicant minor error in the patent such as printing, typographical, or clerical errors.
CHAPTER I  look up translate image
The first, mandatory phase under the Patent Cooperation Treaty that includes performance of an international-type search, issuance of an International Search Report, and publication of the application and Search Report by the International Bureau of WIPO
CLAIM  look up translate image
A claim is one of the numbered paragraphs that appear at the end of a patent and defines the scope of protection given to the owner of the patent (i.e., the right to prevent others from making, using, selling, offering for sale, or importing the claimed invention). Each claim is treated separately for purposes of determining validity and infringement. For example, claims may be directed toward apparatus, methods, products, and compositions of matter and new and useful improvements thereof.
COMPRISING  look up translate image
A transition phrase immediately following the preamble of a claim. The word "comprising" in a claim renders the claim open, which means that additional elements could be added to the accused infringing device without avoiding infringement. For example, if a claim began "A chair comprising three legs" then a chair having four legs would infringe. For other transition phrases see "consisting of" and "consisting essentially of".
CONTINGENCY PATENT ASSERTION  look up translate image
Pursuit of compensation from the user(s) of a patent by a patent enforcement firm or law firm on behalf of the patent owner under which the patent enforcement firm or law firm earns a fee for its services only if it is successful in securing an award or settlement for the patent owner
CONTINGENCY PATENT ENFORCEMENT  look up translate image
Legal action against the alleged infringer of a patent by a patent enforcement firm or law firm on behalf of the patent owner with the goal of receiving compensation for the use of the patent, and the patent enforcement firm or law firm only earns a fee for its services if it is successful in securing compensation for its client
CONTINGENCY PATENT INFRINGEMENT LITIGATION  look up translate image
Arrangement between a patent owner and a patent enforcement firm or law firm under which the firm will be compensated out of the proceeds resulting from a patent infringement lawsuit filed on behalf of the patent owner
CONTINGENCY PATENT LAWSUIT  look up translate image
Patent infringement lawsuit in which the patent owner or inventor does not pay the patent enforcement firm or law firm any money upfront for their services because the firm is compensated when the case is settled and is paid out of the proceeds of the settlement
CONTINUATION-IN-PART  look up translate image
An application filed during the lifetime of an earlier nonprovisional application, repeating some substantial portion or all of the earlier non provisional application and adding matter not disclosed in the earlier nonprovisional application. A CIP need not name the identical inventive entity. -- see MPEP 201.08 for more
COPYRIGHT  look up translate image
Protection of written work (such as books, plays, newspapers and magazines), recordings (songs and motion pictures), and visual arts (such as paintings or other artwork). Copyrights convey to the copyright owner an exclusionary right the right to prevent others from copying, offering for sale, performing, displaying or making derivative versions of a work of authorship. The duration of a copyright depends on several factors, but is at least 70 years. Copyright enforcement is a service offered by General Patent Corporation.
DAMAGES  look up translate image
What is paid to the plaintiff as the settlement of a lawsuit to compensate the plaintiff for the harm (or damage) done to him, her or it by the defendant in the lawsuit
DAMAGES, EXPERT WITNESS ON  look up translate image
Third-party with demonstrated expertise who helps calculate the economic damages suffered by the plaintiff in a lawsuit
DEMAND  look up translate image
Form PCT/IPEA/401, filed with an International Preliminary Examining Authority, demanding that an international application shall be the subject of an international preliminary examination.
DESIGN PATENT  look up translate image
This type of patent covers the original and ornamental aspects of a product. The prime focus is on the overall ornamental appearance.Reference - The Business of Patents - Design Patent MPEP #
DOCTRINE OF EQUIVALENTS  look up translate image
One literally infringes a claim where every element of the claim is expressly satisfied by a device, process, or composition of matter. Under the judicially created doctrine of equivalents, one may be held liable as an infringer even if one does not literally infringe a patent. In general, it is an equitable concept employed to prevent someone from getting the benefit of the invention by making a minor change that avoids literal infringement. See also the related concept of file wrapper estoppel.
EFFECTIVE DATE  look up translate image
The date as of which a reference is available as "prior art" in determining the patentability of an invention. The Effective Date of a reference usually something different from the Effective Filing Date of a patent application. MPEP 2126, MPEP 2126.01, MPEP 2128, MPEP 2128.02
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Patent-related terms
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Created by admin
Created on 2011-05-27 05:03:49
Number of terms 300
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  • A Patent Glossary
    www.the-business-of-patents.com
    A Patent Glossary - when you need to better understand patent terms.
  • Glossary of Patent Terms and Definitions
    inventors.about.com
    Intellectual property - definitions of patent law terms and a glossary of patent and intellectual property terms.
  • Glossary of Patent-Related Terms
    www.ip-holdings.com
    Appraisal of patent – Determination of the value of a patent using a recognized expert or third party Assert patent – Enforce a patent (demand payment for use of the patent) when the owner of patent does not practice the patent Assertive licensing
  • Glossary of Terms | General Patent Corporation
    www.generalpatent.com
    Appraisal of patent – Using a recognized expert or third party to place a value on a patent Assert patent – Enforcement of a patent by the owner of that patent, rather than permitting others to use it. Many patent owners do not assert patents they
  • Licensing Glossary
    www.socan.ca
  • Licensing Glossary « The Licensing Law Blog
    thelicensinglawblog.com
  • Licensing terms glossary: licensing law explained
    www.business-lawfirm.co.uk
    As with many area of the law licensing activity is often explained in legal jargon. This glossary of key licensing terms should help you find your way through licensing law.
  • Patent Licensing Terms | eHow.com
    www.ehow.com
    Patent Licensing Terms. In the United States, the U.S. Patent and Trademark Office (USPTO) grants patents for up to 20 years. Once the USPTO grants an inventor a patent, that inventor has a legal right to the process or product...
  • Patent, copyright & trademark - Google Sch
    books.google.com.vn
    Whether you're investigating patent, copyright or trademark law, get the most concise and comprehensive explanations of intellectual property in one volume! Whether you're an Edison, Faulkner or Jobs, you need Patent, Copyright & Trademark. Intellectual property law has rapidly produced its own language. But don't count on understanding it right off the bat -- the terms baffle lawyers and lay folk alike. Whether you're an inventor, designer, writer or programmer, you need to understand the language of intellectual property law to intelligently deal with such issues as: who owns creative works or valuable information how these owners can protect and enforce their ownership rights how disputes between intellectual property owners can be resolved, and how ownership rights can best be transferred to others. With this essential guide, you will: get clear overviews of relevant laws understand the different kinds of protection offered by patents, copyrights, trademarks and trade secrets -- and which apply to your work get a plain-English definition of every term you're likely to come across, and find the information you need, quickly and easily -- all entries are organized by topic and extensively cross-referenced. The 10th edition has been thoroughly revised and updated with over 25 new terms and definitions. Plus, find an all-new section covering topics such as licensing publicity and false advertising, and other miscellaneous IP terms. You'll also find the most up-to-date case law and legislation on patents, copyrights, trademark and all other issues intellectual property.