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July 20, 2010
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Patent Terms and Definitions

 

 

Abandon: The explicit or implicit relinquishment of a potential patent right. Simple inaction may render a patent right abandoned

Affidavit: A signed statement (filed with the patent office) putting appropriate facts or opinions on record.

Author: Writer of an article, chapter or other complete work. Some articles, proceedings, or books have multiple authors. In such cases, the first author specified in the reference may be called the primary author or the senior author. The names of the authors following that of the primary author are referred to as the secondary or co-authors. Corporations, government agencies and associations may also be listed as authors of a work.

Basic Patent: The first published patent

Beilstein: A major structure and factual database in organic chemistry.

C?: Clinical Unknown Phase from IDdb. In clinical development, but the phase is unknown.

C1: Phase I (IDdb). Initial toxicity testing in healthy volunteers (except for drugs that are potential treatments for life-threatening diseases such as cancer and HIV, which go straight into subjects suffering from the target disease).

C2: Phase II (IDdb). Small-scale testing in the target population, to assess therapeutic effects and to establish dose levels for phase III trials.

C3: Phase III (IDdb). Large-scale trials in patients, usually at several centers, double blind and randomized. May also be compared to other agents.

Citation: the examiner or author may make Citations. They comprise a list of references that are believed to be relevant prior art and which may have contributed to the "narrowing" of the original application. The examiner can also cite references from technical journals, textbooks, handbooks and sources.

Citation Counts: Citation counts are a formal acknowledgement of intellectual debt to earlier patents and previously published scientific research papers. They are an important indicator of how new patents are linked to earlier patents and scientific papers.

Claim(s): The definition of the monopoly rights that the applicant is trying to obtain for the invention. The claims become the actual monopoly that is given when/if the patent is granted.

Copyright: The legal right granted to an author, editor or publisher of an article, chapter or complete work. Copyright applies to intellectual property in a variety of artistic fields and attempts to be format-neutral.

Defensive publication: A publication and disclosure to the public of a pending patent application.

Design Patent: A type of patent covering the shape characteristics of an object

Disclosure: The first public disclosure of details of an invention. This may be: deliberately revealed outside the patent system to make the invention unpatentable, or what is described in a patent application

First to file: The applicant who is the first to file an application for an invention will be awarded the patent over all others. This law is becoming increasingly the standard for countries adhering to Trade-Related aspects of Intellectual Property (TRIPs) guidelines.

First to invent: In some countries, the applicant who is the first to invent will be awarded the patent over all others.

Infringe: To make, use or sell the patented item or process within the country covered by the patent, without permission or license from the patentee.

Intellectual property: Intellectual property refers to creations — including inventions, artistic works, names and designs — that are legally protected. Intellectual property includes patents, copyrights, trademarks and trade secrets

Inventor: Inventor names are recorded for all patents. These appear in the standard last name-initial(s) format.

Novel: A patent must be new or original. That is, the invention must never have been made in public in any way, anywhere, before the date on which the application for a patent is filed.

Novelty: The concept that the claims must be totally new. The invention must never have been made public in any way, anywhere, before the date on which the application for a patent is filed.

Patent: A patent is a document that defines the right by law for inventors and assignees to make use of and exploit their inventions for a limited period of time.

Pending: The period in which the patent office has not yet decided whether to reject or to grant a patent application, and it has not yet been withdrawn.

Status: The legal standing of a patent or patent application, i.e. whether it is pending, lapsed or still protected etc.

Term of patent: The maximum number of years that the monopoly rights conferred by the grant of a patent may last
 

WIPO
WIPO is responsible for the promotion of the protection of intellectual property throughout the world and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property.

Notice of Abandonment
A written notification from the USPTO that an application has been declared abandoned or, in other words, is no longer pending. If the application was abandoned unintentionally or due to Office error.

Agent (patent)
One who is not an attorney but is authorized to act for or in place of the applicant(s) before the Office, that is, an individual who is registered to practice before the Office.

Descriptive Mark
A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services.

Informal Application
An application that has been filed without one or more of the elements required to receive a filing date. The USPTO will return informal applications to applicants.

IFW
Image File Wrapper - an electronic version of a patent application, including image and/or text versions of the bibliographic information, all papers as filed, and all office actions and correspondence related to that application.

Domestic Representative
A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States.

Patent Pending
A phrase that often appears on manufactured items. It means that someone has applied for a patent on an invention that is contained in the manufactured item.

Final Office Action (rejection)
An Office action on the second or any subsequent examination or consideration by an examiner that is intended to close the prosecution of a nonprovisional patent application.

Patent Application Publication
Pre-Grant Publication of patent application at 18 months from priority date.

Contact our Virginia Patent Lawyer Now!

 

 
Did You Know?    
 
 
A patent protects your invention.
A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

 


  Newsroom  
 


News about Patent cases in Virginia and nationwide:

Joint Ownership Agreement Patents
Joint OwnershipPatents may be owned jointly by two or more persons as in the case of a patent granted to joint inventors...
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Consolidated Patent Rules
Business to be transacted in writing:All business with the Patent and Trademark Office should be transacted in writing. The p...
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Leaders of the Worlds’ Three Major Patent Offices Sign Memorandum of Understanding

Heads of the Department of Commerce’s United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the Ja...

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More Patent News >

 
 

Patent Law Terms

 


Tuesday's Term

Substitute Patent Application

Definition:
An application which is in essence a duplicate of a prior (earlier filed) application by the same applicant abandoned before the filing of the substitute (later filed) application.

Fanciful Marks

Definition:
Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark.

Deposit Account

Definition:
An account that is established in the U.S. Patent and Trademark Office (USPTO), upon payment of a fee for establishing such an account, for the convenience in paying any fees due.

More Patent Terms >

 

Patent Law Resources

 


Search Patent resources in our resource center:

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Patent Lawyer Hot Topics

 
Topics Related to Patents Law:

  • Trademarks & Patents
  • Patent Pending
  • Patent Regulations
  • Invention Patent
  • Patent Infringement Law

More Patent Topics >

Virginia Patent Attorney

 
If you live in the following cities and need an patent attorney you should contact our Patent Attorney as soon as possible:

  • Alexandria
  • Annandale
  • Arlington
  • Ashburn
  • Blacksburg
  • Burke
  • Centreville
  • Charlottesville
  • Chesapeake
  • Chester
  • Chesterfield
  • Christiansburg
  • Colonial Heights
  • Culpeper
  • Danville
  • Dumfries
  • Fairfax
  • Falls Church
  • Fredericksburg
  • Front Royal
  • Glen Allen
  • Hampton
  • Harrisonburg
  • Herndon
  • Hopewell
  • Leesburg
  • Lorton
  • Lynchburg
  • Manassas
  • Martinsville
  • Mc Lean
  • Mechanicsville
  • Midlothian
  • Newport News
  • Norfolk
  • Petersburg
  • Portsmouth
  • Powhatan
  • Radford
  • Reston
  • Richmond
  • Roanoke
  • Salem
  • Spotsylvania
  • Springfield
  • Stafford
  • Staunton
  • Sterling
  • Suffolk
  • Vienna
  • Virginia Beach
  • Waynesboro
  • Williamsburg
  • Winchester
  • Woodbridge
  • Yorktown
 


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