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an application which has entered the national phase of the Patent Cooperation Treaty by the fulfillment of certain requirements in a national Office, which is an authority entrusted with the granting of national or regional patents. Such an application is filed under 35 U.S.C. §371 in the United States and is referred to as a "371 application."
- 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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See Negative Limitation.
- 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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A claim limitation that is excusive, e.g., "other than X" "incapable of X", etcetera. MPEP 2173.05(i).
- 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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A patentability issue or question that had not arisen previously in the examination of an application.
- Browse Related Terms: Art Unit, Auslegeschrift, Citation, Election, Examiner's Action, final rejection, First Action, Front Page Drawing, information disclosure statement (IDS), Kokai, Kokoku, New Issue, notice of allowance, Office action, Old Application, Patent Cooperation Treaty (PCT), Patent Examiner, Patentability, Preliminary Examination, Preliminary Examination Report, Reexamination, restriction, restriction requirement, Special Status, Substantive Examination, Traverse
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All > Law > Intellectual Property > Patent
Matter (information) that is not present in the original specification, claims or drawings that an applicant attempts to add to a patent application. MPEP 608.04, MPEP 608.04(a), MPEP 608.04(b).
Subject matter that was not present in the original application as filed cannot be added to a pending patent application by amendment.
- Browse Related Terms: CIP, continuation, Continuation Application, Continuation-In-Part Application, Copending Application or Copendency, Division, divisional application, new matter, Patent Marking, Pending Patent Application
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One of the classes of patentable subject matter under U.S. law.
- 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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A patent application filed in a second, or subsequent country which does not claim the priority of another, earlier application in another country.
- Browse Related Terms: Application, Continuation, Application, Continuation-in-Part, Application, Divisional, Convention Date, Corresponding Foreign Application, cross reference, Foreign Filing Date, Geschmackmuster, joint application, Non-Convention Application, nonprovisional patent application, original application, Parent Application, Priority, Priority Date, Priority Document, provisional application, Right of Priority, Substitute Patent Application
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A grant under a patent with reservation by the licensor to make a similar grant to others.
- Browse Related Terms: Brevet, Frivolous Invention, Gebraughsmuster, issue, non exclusive license, Patentschrift, Plant Patent, Protest
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an Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing the application for the first time. If a new issue arises after the applicant responds to the first non-final Office action, the examining attorney will issue another non-final Office action that sets forth the new issue(s) and continues any that remain outstanding. Applicants must respond to non-final Office action letters within 6 months from the date they are issued to avoid abandonment of the application.
- Browse Related Terms: demand, examiner's amendment, non-final office action, non-responsive amendment, Office action, priority action, suspension inquiry letter, suspension letter
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an Office action made by the examiner where the applicant is entitled to reply and request reconsideration or further examination, with or without making an amendment
On taking up an application for examination or a patent in a reexamination proceeding, the examiner is required to make a thorough study of the application and of the available prior art relating to the subject matter of the claimed invention. This examination must be complete with respect to:
- compliance of the application or patent under reexamination with the applicable statutes and rules
- the patentability of the invention as claimed
- matters of form, unless otherwise indicated.
- 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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a person who is not an attorney or lawyer.
-- see 37 CFR § 10.14(b)
- Browse Related Terms: agent (patent), attorney, customer number, disclosure document, domestic representative, lawyer, non-lawyer, POA, practitioner, registration number, representative
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In order for a patent to be granted, the claimed invention must be "non obvious" to one of "ordinary skill in the art". In other words, if one obtains a new and unexpected result, the invention is said to be non obvious.
- 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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The opposite of obviousness. See Obviousness.
- 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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an amendment filed by the applicant that does not fully respond to the examiner's office action in accordance with 37 CFR 1.111
-- see MPEP 714.02
- Browse Related Terms: demand, examiner's amendment, non-final office action, non-responsive amendment, Office action, priority action, suspension inquiry letter, suspension letter
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for purposes of small entity determination per MPEP 509.02 - (1) a university or other institution of higher education located in any country; (2) an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)); (3) any nonprofit scientific or educational organization qualified under a nonprofit organization statute of a state of this country (35 U.S.C. 201(i)); or (4) any nonprofit organization located in a foreign country which would qualify as a nonprofit organization under paragraphs (e) (2) or (3) of MPEP section 509.02 if it were located in this country
-- see MPEP 509.02 for more
- 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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an application for patent filed under 35 U.S.C. 111(a) that includes all patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee
-- see application (patent) -- see How to Get a Patent for guides for each type of patent application
- Browse Related Terms: application (patent), Filing Date, nonprovisional patent application, NPL, PASAT, patent application, provisional patent application, redacted publication
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A type of U.S. utility patent application that must contain at least one claim and can issue as a patent. MPEP 201, MPEP 601, MPEP 601.01(a)..
- Browse Related Terms: Application, Continuation, Application, Continuation-in-Part, Application, Divisional, Convention Date, Corresponding Foreign Application, cross reference, Foreign Filing Date, Geschmackmuster, joint application, Non-Convention Application, nonprovisional patent application, original application, Parent Application, Priority, Priority Date, Priority Document, provisional application, Right of Priority, Substitute Patent Application