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The date upon which duly executed application papers are received in the U.S. Patent and Trademark Office.
- Browse Related Terms: Assignee, assignor, date of application, dedication to the public, Depositing Correspondence, Disclosure Document Program, File History, File Wrapper, Filing Date, issue date, Manual of Patent Examining Procedure (MPEP), patent application, serial number, Terminal Disclaimer
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a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing. It does not necessarily mean that there are not other marks that the trademark examining attorney would cite. It is also possible to revive an abandoned application (for example, if the USPTO declared the application abandoned for failure of the applicant to respond to an Office action, but the applicant later proved that a response was sent and the USPTO simply failed to match it with the file in a timely manner, then the case could be revived). Also, regardless of the status of an application within the USPTO, the owner may still claim common law rights, i.e, the mark may still be in use in commerce.
- Browse Related Terms: abandonment, ADS, counterpart, dead, express abandonment, filing receipt, informal application, notice of abandonment, petition to revive an application (trademark matters), request to reinstate an application
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a named inventor who has died prior to the filing of a patent application or during the prosecution of a patent application.
- Browse Related Terms: applicant, coinventor, deceased inventor, FAQ, interference, joint application, joint inventor, nonprofit organization, person, pro se, small business concern, Small Entity
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a document in which an applicant for patent declares, under penalty of fine or imprisonment, or both (18 USC 1001), that (1) he or she is the original or sole inventor, (2) shall state of what country he or she is a citizen, (3) that he or she has reviewed and understands the contents of the specification and claims which the declaration refers to, and (4) acknowledges the duty to disclose information that is material to patentability as defined by 37 CFR § 1.56. An oath or declaration must be filed in each nonprovisional patent application.
-- see oath; 35 USC § 115; 37 CFR §§ 1.63 - 1.69; MPEP 602 and the PTO/SB/01 form for more
- Browse Related Terms: declaration, excusable nonuse, incontestability, information disclosure statement (IDS), mask work, Oath, SB, Section 15 Declaration of Incontestability, statutory disclaimer, TD, Terminal Disclaimer
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A statement executed in a patent application stating among other things that the applicant has made the invention described therein.
A written statement made with the understanding that willfully providing false information is punishable by fines or imprisonment or both. In the U.S., declaration may be used instead of an oath (a sworn statment) to verify that information being submitted to the USPTO is true. MPEP 602, MPEP 715, MPEP 716.
- Browse Related Terms: Admissions by Applicant, Affidavit, declaration, Deposition, Execute, Oath, Preliminary Statement, Verified Statement/Showing
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All > Law > Intellectual Property > Patent
An express or implied surrender to the public of an actual or potential patent right. MPEP 1490, MPEP 2138.03.
- Browse Related Terms: bounty hunter, broad claim, Claim, Generic, Claim, Species, Contemporaneously witnessed, Dedication, disclaimer, specification, status
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A document signed by a patent owner filed in the U.S. Patent and Trademark Office giving up all patent rights. This is generally done when the owner believes the patent is invalid.
- Browse Related Terms: Assignee, assignor, date of application, dedication to the public, Depositing Correspondence, Disclosure Document Program, File History, File Wrapper, Filing Date, issue date, Manual of Patent Examining Procedure (MPEP), patent application, serial number, Terminal Disclaimer
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Publication of the abstract of the technical disclosure of a pending patent application if the applicant waived his or her rights to an enforceable patent. The official program at the USPTO that allowed defensive publication has been replaced by the Statutory Invention Registration program. MPEP 711.06, MPEP 1101.
- Browse Related Terms: Absolute Novelty, critical date, Defensive Publication, Figure Legend, Open for Public Inspection, Printed Matter, publication, SIR, Statutory Invention Registration (SIR)
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A characteristic of a patent claim in which claim language makes the scope of the claim clear to a person skilled in the art to which the invention pertains. MPEP 2173, MPEP 2173.02, MPEP 2173.05(a).
- Browse Related Terms: Definiteness, hypothetical person skilled in the art, Level of Ordinary Skill, non obvious, Obviousness, ordinary skill in the art, Person Skilled in the Art, Routineer, Secondary Considerations, skill in the art, Unobvious
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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.
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a claim that refers back to (depends on) and further limits a preceding dependent or independent claim. A dependent claim shall include every limitation of the claim from which it depends.
- Browse Related Terms: canceled claim, claims, Dependent Claim, Element, enforceability of patent, final office action (rejection), Independent Claim, IPER, Markush doctrine, multiple dependent claim, non-final office action (rejection), Rejoinder, restriction, withdrawn claim, workflow
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This is a claim that makes express reference to and depends on a prior claim and, thereby, incorporates by reference all of the recitals of the prior claim. This claim must be read as if it contained its own express recitals plus the recitals of every claim or claims from which it depends. Claims that do not depend from another are referred to as independent claims.
A claim that refers back to and further limits or restrict another claim. MPEP 608.01(n).
- Browse Related Terms: abstract of the disclosure, Base Claim, Claim, Dependent, Claim, Independent, Claim, Multiple Dependent, Dependent Claim, Element of Claim, Example, Exhibit, gist of the invention, Independent Claim, multiple dependent claim, Negative Claim Limitation, Object of the Invention
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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, in ordering services offered by the USPTO, copies of records, etc.
--see MPEP 509.01 for more or view deposit accounts
- Browse Related Terms: Assignee, assignment, assignor, change of name, deposit account, OPR, PRD, recordation form cover sheet, TARR, TDR, Trademark Application and Registration Retrieval
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Filing written papers with a patent office. MPEP 502.
- Browse Related Terms: Assignee, assignor, date of application, dedication to the public, Depositing Correspondence, Disclosure Document Program, File History, File Wrapper, Filing Date, issue date, Manual of Patent Examining Procedure (MPEP), patent application, serial number, Terminal Disclaimer
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Testimony of a witness taken under oath, reduced to writing and authenicated.
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A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. If a mark is merely descriptive or deceptively misdescriptive of the goods or services to which it relates, the mark will be refused registration on the Principal Register under §2(e)(1) of the Trademark Act, 15 U.S.C. §1052(e)(1).
Examples of descriptive marks include: MEDICAL GUIDE for website services featuring medical guides, DENIM for jeans, and SPICY SAUCE for salsa.
-- see TMEP §1209 for more info
- Browse Related Terms: Acceptable Identification of Goods and Services Manual, application (trademark), conflicting marks, COTS, descriptive mark, Drawing, generic term, identification of goods and/or services, IP, IPA, likelihood of confusion, Principal Register, registration, standard character format, stylized mark, substantive reasons for refusal, supplemental register, typed mark
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may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture
-- see also patent
- Browse Related Terms: common inventor, design patent, design patent application, invention, plant application (patent), Plant Patent, UPR, utility patent, utility patent application
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A patent that protects the visual characteristics of, or aspects displayed by, an object. MPEP 1502, MPEP 1502.01.
This type of patent covers the original and ornamental aspects of a product. The prime focus is on the overall ornamental appearance. Disclaimer: When one or more patent claims (but not all of the claims) are invalid, the patentee may make a written disclaimer of such invalid claim or claims. A disclaimer is filed in the U.S. Patent and Trademark Office.
- Browse Related Terms: Copyright, design patent, Expiry Date, Grant, how to use, Infringe, Patent, Revocation, university research
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an application for a patent to protect against the unauthorized use of new, original, and ornamental designs for articles of manufacture
-- see also application (patent) -- see also nonprovisional patent application
- Browse Related Terms: common inventor, design patent, design patent application, invention, plant application (patent), Plant Patent, UPR, utility patent, utility patent application
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lists the numerical codes for searching designs in the USPTO's trademark database (TESS).
-- see Design Search Code Manual
- Browse Related Terms: ABSS, bio-sequence listings, boolean, Design Search Code Manual, ISR, Patent and Trademark Depository Library, pseudo mark, PSIPS, search, sequence listing, TESS, Trademark Electronic Search System
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an indication made by applicant, in the Request for an International Application filed under the Patent Cooperation Treaty, as to the Contracting States in which protection for an invention is desired.
- Browse Related Terms: Administrative Instructions, ATO, Chapter I, Chapter II, designation, election (PCT), examination copy, home copy, national stage application, PCT, PCT Regulations, PLT, POIS, Power, precautionary designation, record copy, search copy, TLT, WCT, WPPT
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dynamic host configuration protocol
- Browse Related Terms: appeal (trademark), canceled, cancellation proceeding, common law rights, DHCP, examining attorney, expired, express mail mailing label, filing refusal, international application, Madrid Protocol, mark, opposition proceeding, Trademark Act, Trademark Manual of Examining Procedure, [email protected]
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