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See Official Gazette.
- Browse Related Terms: Action, date of patent, examiner, O.G., pto, USPTO
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a solemn declaration before another, complying with the laws of the state or country where made, that the document in which an applicant for patent declares 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 declaration; 35 USC §115; 37 CFR §§ 1.63, 1.64, and 1.66; MPEP 604 and the PTO/SB/01 form for more
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A sworn statement. In the U.S., declaration may be used instead of an oath to verify that information being submitted to the USPTO is true. See Declaration. MPEP 602, MPEP 715, MPEP 716.
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Originating Beneficiary Information - the informational portion of a wire (electronic) transfer of funds. It is a necessary and important element, providing the USPTO information as to why the "wire" was sent, by whom, and how to apply the payment.
- 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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A desired characteristic of an invention. MPEP 608.01(d).
- 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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The validity of a patent can be challenged by attempting to show that what the inventor did would have been obvious to try based on the prior art, and, therefore, the invention would have been obvious.
- Browse Related Terms: Double Patenting Rejection, DoublePatenting, failure of others, Intervening Rights, obvious to try, patentability search
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If the invention could readily be deduced at the time the invention was made from publicly available information (prior art) by a person of ordinary skill in that art, it is obvious. Prior art may be combined to show that an invention would have been obvious. (For example, the teachings of two or more prior art patents or a prior art patent and a prior art article may be combined). If an invention would have been obvious to a person of ordinary skill in the art at the time the invention was made, then it is not patentable.
A characteristic that makes an invention predicable to a person having ordinary skill in the art who has knowledge of all of the prior art. No "inventive step" was involved in conceiving the invention. One of the most difficult terms in patent law to define and understand. MPEP 2141, MPEP 2141.01, MPEP 2141.02, MPEP 2141.03, MPEP 2142.
- 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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Office of Electronic Information Products
- 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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An activity that can bar obtaining a patent in some jurisdictions if the activity occurs a sufficient period of time before a patent application on the invention is filed. MPEP 2133.03(b), MPEP 706.02(c).
- Browse Related Terms: Best Mode, constructive reduction to practice, GATT, Invention, Abandoned, life of a patent, Offer to Sell, Patent Pending, pending, Statutory Period, Substitute Specification, Surrender of Patent, Withdrawal
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in the context of actions or activities involving the USPTO this refers to the United States Patent and Trademark Office (USPTO) itself
- 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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a letter from a trademark examining attorney setting forth the legal status of a trademark application. There are several types of Office actions: examiner's amendments, priority actions, non-final Office actions, final Office actions, and suspension inquiry letters.
- 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 official written communication from an examiner in the U.S. Patent and Trademark Office giving the position of the U.S. Patent and Trademark Office on a pending patent application. After receiving an adverse office action, the applicant must respond within the set time limits.
(First) The Patent Examiner's conclusion about the patentability of an invention (Second) The Patent Examiner's second conclusion to an applicant's appeal.
See Action.
- 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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See Action.
- Browse Related Terms: abandonment, Abandonment of Invention, Advisory Action, Amendment, Cancellation of Claims, Disposal, Final Action, Official Action, Preliminary Amendment, prosecution, Quayle Action, Rejection, Rejection, Final
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A publication of the USPTO in which new patents and trademarks are announced. Published weekly in two editions, one for patents and one for trademarks.
- Browse Related Terms: Application Series, Basic Patent, CFR, Federal Regulations, Official Gazette, One-Year Grace Period, Patent Family, Patent Watch, Published Application, Published Patent Application, United States Patent and Trademark Office Code of Federal Regulations (CFR)
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Official Gazette - weekly publication of the USPTO that includes regular and special notices of the Office
- Browse Related Terms: certificate of registration, File Wrapper, FR, OG, OG - Patents, OG - Trademarks, OPF, representation of mark, TMOG
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Official Gazette eOG:P - weekly publication of the USPTO that permits you to browse issued patents and view important notices
- Browse Related Terms: certificate of registration, File Wrapper, FR, OG, OG - Patents, OG - Trademarks, OPF, representation of mark, TMOG
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Official Gazette eOG:T - weekly publication of the USPTO that includes marks that have been published for opposition. The five most recent issues are available online.
- Browse Related Terms: certificate of registration, File Wrapper, FR, OG, OG - Patents, OG - Trademarks, OPF, representation of mark, TMOG
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Office for Harmonization in the Internal Market
- Browse Related Terms: contracting party, Contracting State, do, EO, GI, IPEA, ISA, OHIM, Request (PCT), RO