Intellectual Property

Intellectual Property terms

1. ABA # American Bankers Association number - often referred to as the "transit routing number", is the nine (9) digit electronic address of a financial…
2. abandonment Process by which the debtors estate would not benefit by the sale of certain property so the trustee will turn it back over to the debtor.
3. Abandonment of Invention To relinguish rights in an invention. In the U.S., an invention is considered to be abandoned, if within a reasonable time after the invention is…
4. Abandonment of Patent Application To relinquish, either by express abandonment or by inaction, a patent application.
5. ABC activity based cost accounting - an accrual-based accounting method for determining unit-based costs of delivering services by allocating the costs to…
6. ABM activity based management - a management methodology that combines ABC with business process analysis techniques to run, improve and measure performance…
7. Absolute Novelty 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…
8. ABSS Automated Biotechnology Sequence Search See PSIPS to access sequence searching online
9. Abstract of the Disclosure A concise statement of the technical disclosure including that which is new in the art to which the invention pertains -- see MPEP 608.01(b) for more
10. Acceptable Identification of Goods and Services Manual This manual lists numerous examples of identifications of goods and services that are acceptable to the USPTO for inclusion in trademark applications and…
11. ACH Automated Clearing House - a nationwide batch-oriented electronic funds transfer system governed by the NACHA (National Automated Clearing House…
12. Action Case, cause, suit or controversy disputed or contested before a court.
13. active inducement to infringe One may be held liable for patent infringement as a result of actively encouraging another to infringe if such other does infringe, even though the…
14. Administrative Instructions set out the provisions and requirements in relation to the filing and processing of the international (patent) application under the PCT and are…
15. Admissions by Applicant 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…
16. ADS Application Data Sheet
17. Advisory Action 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…
18. Affidavit A sworn statement in writing before a proper official, such as a notary public.
19. agent (patent) (may be referred to as a practitioner or representative) - one who is not an attorney but is authorized to act for or in place of the applicant(s) before…
20. aggregation A ground for rejection of a patent claim that is based on a lack of cooperation among the elements of an invention. MPEP 2173.05(k).
21. AIPA American Inventors Protection Act of 1999 -- see MORE
22. AIPLA American Intellectual Property Law Association
23. AIS automated information system
24. ALC Agency Location Code - an eight (8) digit code assigned to U.S. government agencies by the Department of Treasury.
25. allegation of use a sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce.
26. Allowance A decision by a patent office that an applicant is entitled to a patent on an invention. MPEP 1303.
27. Allowance, Notice of A written notice by a patent office that an applicant is entitled to a patent on an invention. In the U.S.
28. Alpha Subclasses In the U.S. patent classification system, subclassed that have an alphabetical suffix. MPEP 902.01.
29. amendment A change in any part of a patent application made after it is filed. Also, the communication from the applicant to a patent office directing or requesting…
30. amendment to allege use (AAU) a sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce.
31. Annex F written specifications of the application-body document type definition (EFS' filename is application-body.
32. Annuity A life insurance contract sold by insurance companies, brokers, and other financial institutions. It is usually sold as a retirement investment.
33. Anticipation A situation that exists when claimed invention is not novel in view of the prior art.
34. APMS automated project management system
35. Apparatus See Machine.
36. apparatus claim This refers to a patent claim, which describes structurally a piece of equipment and is embraced by the expression "machine" in the definition of…
37. Appeal To call for a review of an IRS decision or proposed adjustment.
38. appeal (patent) -- see BPAI for info on patent appeals
39. appeal (trademark) An applicant who wants to contest a final refusal from an examining attorney may file an appeal to the Trademark Trial and Appeal Board.
40. Appeal Brief A written communication submitted to a higher authority reviewing an adverse patentability decision (rejection of a claim) by an Examiner. In the U.S.
41. Appeal, Notice of A written communication to a patent office indicating that an adverse patentability decision (rejection of a claim) by an Examiner will be appealed.
42. Appelant A patent applicant who has appeal the decision of a patent Examiner to a higher authority. MPEP 1201.
43. Applicant inventor or joint inventors who are applying for a patent on their own invention, or the person mentioned in 37 CFR 1.42, 1.43 or 1.
44. Application Under the Equal Credit Opportunity Act (ECOA), an oral or written request for an extension of credit that is made in accordance with the procedures…
45. Application (for Patent) A document describing a claimed invention and requesting that a patent on the claimed invention be granted to an applicant. In the U.S.
46. application (patent) an application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e.
47. application (trademark) a document by which a person requests a federal trademark registration. To receive a filing date, an application must include (1) the applicant's name…
48. application number (patent) 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
49. Application Series A grouping of application serial numbers (the last six digits of the application number) having the same series code. MPEP 503.
50. Application, Continuation A subsequent application for the same invention disclosed in a prior (regular or nonprovisional) application that is filed before the original application…
51. Application, Continuation-in-Part An application by the same applicant repeating a substantial portion or all of an earlier (regular or nonprovisional) application and adding matter not…
52. Application, Divisional A later application "carved out of" an earlier application for an invention that is disclosed in the earlier application but that is distinct or…
53. apportionment of profit As a measure of damages in patent-infringement litigation, apportionment generally refers to dividing the profits on the sale of a particular piece of…
54. arbitrary marks comprise words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant…
55. art or prior art A term used in consideration of the problem of patentable novelty encompassing all that is known prior to the filing date of the application in the…
56. Art Unit A subunit of a patent examining group. Also called Group Art Unit. MPEP 502.
57. Article of Manufacture A product, a physical thing. There is no clear difference between an article of manufacture and a machine. Under U.S.
58. ASEAN Association of South East Asian Nations
59. ASSERT To assert a patent is to attempt to enforce it. To attempt to prevent an unlicensed party from practicing an invention.
60. assignee the entity that is the recipient of a transfer of a patent application, patent, trademark application or trademark registration from its owner of record…
61. Assignment Assignment occurs when someone who has written, or sold, a listed option receives a notice that the option has been exercised and he or she must fulfill…
62. assignor the owner of record of a patent application, patent, trademark application or trademark registration who is transferring (assigning) ownership to another…
63. ATO authority to operate
64. Attorney A person who has been qualified by a state or federal court to provide legal services, including appearing in court.
65. attorneys' fees award In exceptional cases in patent infringement litigation, the court may require the losing party to pay the attorneys' fees of the prevailing party.
66. Auslegeschrift An examined German patent application (now eliminated).
67. Background of the Invention 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…
68. bailment An agreement under which the bailee/licensee is permitted to use the tangible property of the bailor/ licensor under defined terms and conditions.
69. Bar, Statutory A circumstance that prevents (bars) issuance of a valid patent. MPEP 2133.
70. Base Claim A claim from which another claim depends, either directly or indirectly. MPEP 608.01(n).
71. Basic Patent The first member of a "family" of patents (which may or may not be the first member published).
72. basic patent or pioneer patent A broad patent that is the first in a given area.
73. benefit claim the claiming by an applicant in a nonprovisional application of a benefit of an invention disclosed in a prior-filed copending (under examination at the…
74. Best Mode The way of implementing the inventive concept contemplated by the inventor on the filing date of the patent application. MPEP 608.
75. BIA business impact analysis
76. bio-sequence listings a document that must be included only if a nucleotide or amino acid sequence is part of the invention.
77. Biological Material Material referenced in the disclosure of a patent application that is capable of self-replicating, either direclty or indirectly.
78. blackout period the period between the date the examining attorney approves the mark for publication and the date of issuance of the Notice of Allowance.
79. Board of Patent Appeals and Interferences A board of senior examiners that hears appeals of adverse patentability decisions of examiners. MPEP 1202, MPEP 1203.
80. Boolean Boolean logic (named for the British-born Irish mathematician George Boole) is way to express relationships in logic arguments using the following three…
81. bounty a reward offered for a piece of fugitive information.
82. bounty hunter information holders and sharers. People who respect and appreciate the power and value of knowledge.
83. bounty poster information seekers. People looking for a valuable piece of fugitive information and willing to pay a generous reward for its location.
84. BPAI Board of Patent Appeals and Interferences
85. BPAIIS Board of Patent Appeals and Interferences Information System
86. Brevet French for "patent."
87. BRM business reference model - an organized, hierarchical way to describe the day-to-day business operations of the Federal government; this model presents…
88. broad claim A statement in a patent describing extensive variations of the invention. Such a statement usually includes a broad range of alternatives by its…
89. business incubator A program that assists entrepreneurs to develop a business. The primary features are flexible and affordable space, access to shared office services…
90. C&A certification and accreditation
91. canceled trademark registration is no longer active. It may be due to the registrant's failure to file the required continued use affidavit under Section 8 of the…
92. canceled claim A claim that is canceled or deleted. "Canceled" is the status identifier that should be used when a claim is canceled in an application
93. Cancellation of Claims Removal of claims from a patent application, usually by way of an amendment.
94. cancellation proceeding a proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to cancel an existing registration of a mark.
95. Cancelled Matter Matter that is removed from the specification or claims of a patent application.
96. CCPA See Court of Customs and Patent Appeals.
97. CD a type of form designation such as Form CD435, meaning a Commerce Department form
98. CEAR Certificate of Excellence in Accountability Reporting
99. certificate of correction 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…
100. certificate of mailing a certificate for each piece of correspondence mailed, prior to the expiration of the set period of time for response, stating the date of deposit with…