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International Bureau - the secretariat of the WIPO which, among other functions, centralizes information of various kinds relating to the protection of intellectual property.
- Browse Related Terms: AIPLA, ASEAN, concept, CONFU, FTAA, IB, INTA, Intellectual Property, IPO, IPR, NIPLECC, OLIA (superceded), Trade Secret, TRIPs, USTR, WIPO, WTO
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International Class - class(es) assigned to a mark under the International Classification of Goods and Services (Nice Agreement); used in the United States since 1 September 1973
-- see TMEP 1401.02 for more
- Browse Related Terms: classification, classification of goods and services, combination patent, copyrights, CRU, GAU, Group Art Unit, IC, inventor, Office, Patent, patent infringement, RE, SIRA, Technology Center, US, USC, USPS, X patent
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Initial Data Capture Initial Data Capture (IDC) is the first phase of the publication process for a patent where the patent file is electronically captured. It takes approximately 6 weeks from the date that the allowed file is received for the completion of the Initial Data Capture of the application. The application is then sent to the File Maintenance Facility (FMF) for matching of the issue fee and any other correspondence. The application may stay in the FMF for approximately 1-2 weeks. However, if all requirements are not yet fulfilled the application will remain at the FMF until the requirements are met. Once all files are matched, the application will move to the FDC.
- Browse Related Terms: blackout period, FDC, IDC, issue date, NOA, notice of allowability, notice of allowance, notice of allowance and fees due, notice of publication, publication for opposition, RCE, withdrawn patent
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- a written statement of the goods and/or services included in an application. Every application must include an identification of goods and/or services. If you fail to list any recognizable goods or services, the USPTO will return the application and refund the fee. When specifying the goods and/or services, applicants should use clear, concise terms, i.e., common commercial names and language that the general public easily understands.
Please note that the terms in the class headings or short titles of the classes in the "International Classification of Classes of Goods and Services" are generally too broad and should not be used alone as an identification. Also, an international class number alone is never an acceptable listing. For a listing of acceptable wording for goods and services.
-- see Trademark Acceptable Identification of Goods and Services Manual
- 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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- Browse Related Terms: allegation of use, amendment to allege use (AAU), extension request, IDS, intent to use, JCCT, request for extension of time to file a statement of use, SOU, statement of use, use in commerce
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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.
-- see File Wrapper for more
- Browse Related Terms: CD, Doc, e-Commerce, e-Gov, EBC, eComm, eDAN, EFP, EFS, EFS-ABX, EFS-Web, EFT, electronic file wrapper, ePAS, ESTTA, eTAS, eTEAS, FOIA, IFW, MiTEAS, notice of references cited, OBI, OEIP, Pair, PrinTEAS, SAFE, TEAS, Trademark Electronic Application System
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Inspector General - 57 statutory OIGs were created by an act of Congress in 1978 to independently detect fraud or instances of waste, abuse or misuse of federal funds and identify operational deficiencies within each of the Departments.
- Browse Related Terms: ACH, ALC #, CFC, CFR, FICC, FY, GPRA, GSA, ID, IG, Native American Tribal Insignia, SF
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This generally refers to a patent that is issued on an application filed later in time than a prior application and tends to build upon the previously disclosed invention or the previously disclosed and claimed invention.
A patent claiming an invention that is an improvement or modification of an invention claimed in a prior patent. In some instances, it means a patent that cannot be practiced without infringement of a prior patent.MPEP 2129.
- Browse Related Terms: Cancelled Matter, claim, Claim, Jepson, Claim, Markush, Claim, Picture, Consisting of, Dominated, Improvement Patent, Jepson claim, Limitation, Markush Claim, Markush Group, Means Plus Function Language, Means-Plus-Function Claim, metes and bounds, preamble, Preamble of Claim
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To supplement the the disclosure of a patent application by making a specific statement in the application that other material is to be considered to be incorporated in the application. MPEP 608.01(p).
- Browse Related Terms: Application (for Patent), Biological Material, Drawing, Duty of Disclosure, Ex Parte, File Wrapper Estoppel, fraud on the Patent and Trademark Office, Incorporation by Reference, materials transfer agreement, prior-art statement, Prosecution History
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A claim that fails to particulary point out the claimed invention. MPEP 706.03(d), MPEP 2171, MPEP 2173.
- Browse Related Terms: aggregation, equivalents - means-plus-function claims, Indefinite Claim, Inherency, inventive entity, Means for Claim, Negative Limitation, Prolix Claim
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The opposite of definiteness. See Definiteness.
- Browse Related Terms: applicant, Completion of Invention, conception, Corroboration, Diligence, First to Invent, Indefiniteness, Inventor, Joint, Joint Invention, Non-Obviousness, Prima facie, Reduction to Practice, Actual, Reduction to Practice, Constructive, unpatentable, valid
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Section 112 of the Patent Statute requires that the claims be sufficiently definite so as to provide a standard by which a third party could, with some degree of certainty, determine whether a given practice would or would not be an infringement of the claims.
- Browse Related Terms: apportionment of profit, attorneys' fees award, exceptional case, indefiniteness of claim, Indemnity from Suit, Inducement to Infringe, lost profits, prejudgment interest, profits, royalty (reasonable royalty), willful infringement
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A situation in which one party has agreed to sue another party, e.g., for patent infringement.
- Browse Related Terms: apportionment of profit, attorneys' fees award, exceptional case, indefiniteness of claim, Indemnity from Suit, Inducement to Infringe, lost profits, prejudgment interest, profits, royalty (reasonable royalty), willful infringement
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a claim that does not refer back to or depend on another claim.
- 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 stands by itself and must be so read in terms of infringement and validity evaluations. This is contrasted with a dependent claim.
A patent claim that stands alone in that it does not depend from (contain the limitiations of) any other claim. MPEP 608.01(m).
- 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 act that encourages another party to infringe a patent.
- Browse Related Terms: apportionment of profit, attorneys' fees award, exceptional case, indefiniteness of claim, Indemnity from Suit, Inducement to Infringe, lost profits, prejudgment interest, profits, royalty (reasonable royalty), willful infringement
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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. Please see the entry for "application" above for a list of the required elements.
- 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