All > Law > Intellectual Property > Patent
A device, a product, a physical thing. Under U.S. law, one of the statutory classes of inventions.MPEP 2105, MPEP 2106, MPEP 2114.
- Browse Related Terms: Apparatus, Article of Manufacture, Claim, Process, Claim, Product, Composition of Matter, Machine, method, process, Product, Product of Nature
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The "Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application."
-- see TMEP Chapter 1900 for more
- 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]
All > Law > Intellectual Property > Patent
The patent fees due at 4, 8 and 12 years needed to keep a U. S. utility or plant patent in force for its full life.
- Browse Related Terms: Annuity, Fee, Filing, Fee, Issue, Fee, Maintenance, Fee, Petition, Filing Fee, Forfeited Application, Issue Fee, Lapse Date, maintenance, Maintenance Fee, maintenance fees, Renewal Fee, Small Entity
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All > Law > Intellectual Property > Patent
See Fee, Maintenance.
- Browse Related Terms: Annuity, Fee, Filing, Fee, Issue, Fee, Maintenance, Fee, Petition, Filing Fee, Forfeited Application, Issue Fee, Lapse Date, maintenance, Maintenance Fee, maintenance fees, Renewal Fee, Small Entity
All > Law > Intellectual Property
fees for maintaining in force a patent based on an application filed on or after December 12, 1980 --see MPEP 2500 for more
- Browse Related Terms: certificate of mailing, maintenance fees, reexamination proceeding, RPO, RTO, SIR, surcharge due, window close, window open, workflow incoming amendment IFW
All > Law > Intellectual Property > Patent
In the United States, maintenance fees or taxes must be paid at 3.5, 7.5, and 11.5 years after issuance of a patent in order to maintain the patent in force.
- Browse Related Terms: Annuity, Fee, Filing, Fee, Issue, Fee, Maintenance, Fee, Petition, Filing Fee, Forfeited Application, Issue Fee, Lapse Date, maintenance, Maintenance Fee, maintenance fees, Renewal Fee, Small Entity
All > Law > Intellectual Property > Patent
A document that contains a description of the practices and procedures of the USPTO.
- 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
All > Law > Intellectual Property > Patent
One of the classes of patentable subject matter under U.S. law. MPEP 2105.
- Browse Related Terms: apparatus claim, basic patent or pioneer patent, classification, Count, Dominating Patent, Knowledgebase, Manufacture, New Use, Reads On, Statutory Subject Matter
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-- see trademark
- 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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All > Law > Intellectual Property > Patent
See Claim, Markush.
- 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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When materials recited in a claim are so related as to constitute claiming the members of the claimed group in the alternative, such as "selected from the group consisting of A, B and C."
-- see MPEP 803.02 and 2173.05(h) for more
- 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
All > Law > Intellectual Property > Patent
In a claim, a finite group from which an element is selected. See Claim, Markush.
- 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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images that are used to create the layers of a semiconductor chip product -- see MPEP Appendix R §150.1 (d) 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
All > Law > Intellectual Property > Patent
An agreement that provides the understanding that the materials are made available only for scientific work.
- 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 patent claim that recites an element as a means for accomplishing a particular function. MPEP 2181.
- Browse Related Terms: aggregation, equivalents - means-plus-function claims, Indefinite Claim, Inherency, inventive entity, Means for Claim, Negative Limitation, Prolix Claim
All > Law > Intellectual Property > Patent
See Means for Claim.
- 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
All > Law > Intellectual Property > Patent
See Means for Claim.
- 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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- statutory basis (Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), TMEP 1209 et seq) for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. With regard to trademark significance, matter may be categorized along a continuum, ranging from marks that are highly distinctive to matter that is a generic name for the goods or services.
The degree of descriptiveness can be determined only by considering it in relation to the specific goods or services. At one extreme are marks that are completely arbitrary or fanciful. Next on the continuum are suggestive marks, followed by merely descriptive matter. Finally, generic terms for the goods or services are at the opposite end of the continuum from arbitrary or fanciful marks.
The major reasons for not protecting descriptive marks are: (1) to prevent the owner of a mark from inhibiting competition in the sale of particular goods or services; and (2) to maintain freedom of the public to use the language involved, thus avoiding the possibility of harassing infringement suits by the registrant against others who use the mark when advertising or describing their own products. (See also Descriptive Mark) - Browse Related Terms: arbitrary marks, certification mark, collective mark, CSR, DNS, fanciful marks, FAS, fee, FQA, goods and services, mere descriptiveness, service mark, SM, suggestive mark, trade dress, trademark, TTY, WINS
All > Law > Intellectual Property > Patent
The legal description of the exact property which is covered by a patent (the Claims).
- 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
All > Law > Intellectual Property > Patent
One of the classes of patentable inventions (a process) under U.S. law. MPEP 706.01(a).
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