All > Law > Intellectual Property > Patent
The reasoning behind a decision that a claimed invention is patentable. MPEP 1302.14.
- Browse Related Terms: Appeal, Appeal Brief, Appeal, Notice of, Appelant, Board of Patent Appeals and Interferences, CCPA, Court of Appeals for the Federal Circuit (CAFC or Fed. Cir.), Court of Customs and Patent Appeals (CCPA), Examination, Federal Circuit, notice of appeal, patentable, Patentable Subject Matter, Petition, PetitionforCertiorari, Precedent, Rationale for Patentability, Request for Reconsideration
All > Law > Intellectual Property
Request for Continued Examination
a request filed in an application in which prosecution is closed (e.g., the application is under final rejection or a notice of allowance) that is filed to reopen prosecution and continue examination of the application; requires the filing of a submission and payment of a fee -- see 37 CFR 1.114
- 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notice of allowance, notice of allowance and fees due, notice of publication, publication for opposition, RCE, withdrawn patent
All > Law > Intellectual Property
- 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
Also listed in:
- All > Recreation > Games > World of Warcraft
- All > Technology > Defense
All > Law > Intellectual Property > Patent
A claim includes within its scope certain subject matter.
- Browse Related Terms: apparatus claim, basic patent or pioneer patent, classification, Count, Dominating Patent, Knowledgebase, Manufacture, New Use, Reads On, Statutory Subject Matter
All > Law > Intellectual Property
original copy of an international application filed under the Patent Cooperation Treaty maintained by the International Bureau of the World Intellectual Property Organization.
- 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
Also listed in:
All > Law > Intellectual Property
USPTO form that trademark owners use to record trademark assignments (changes in ownership of marks for applications and registrations) and a trademark owner's change of entity name. The form is PTO-TM-1594. It may be submitted in hard copy to the following address:
Mail Stop Assignment Recordation Services Director of the US Patent and Trademark Office PO Box 1450 Alexandria, VA 22313-1450
Locate the current fee schedule at How to Pay Fees to determine the current fee for assignment recordation (Trademark Services Fee Code 8521)
- Browse Related Terms: Assignee, assignment, assignor, change of name, deposit account, OPR, PRD, recordation form cover sheet, TARR, TDR, Trademark Application and Registration Retrieval
All > Law > Intellectual Property
a patent application publication that omits material that was present in the specification or claims of the nonprovisional patent application filed in the USPTO. See 37 CFR 1.217 and MPEP 1132 for more information.
- Browse Related Terms: application (patent), Filing Date, nonprovisional patent application, NPL, PASAT, patent application, provisional patent application, redacted publication
All > Law > Intellectual Property > Patent
The physical part of the inventive process that completes the process of invention. Until there is a reduction of practice, there is no invention. There are two kinds of reduction of practice: Constructive reduction to practice occurs upon the filing of a U.S. patent application that adequately discloses the invention. Constructive reduction to practice does not involve any physical construction. Actual reduction to practice occurs when there is physical verification that the invention works for the intended purpose. The reduction to practice must involve each and every element that is defined as constituting the invention. The degree of physical verification required will depend on the nature and complexity of the invention.
The completion and first practical operation of an invention.
- Browse Related Terms: Claimed Invention, doctrine of claim differentiation, interference, inventor, joint inventor, Mode, Best, preferred embodiment, reduction to practice
All > Law > Intellectual Property > Patent
Building a physical embodiment of an invention and testing it under conditions that would indicate to a person skilled in the art that the invention was useful. MPEP 2138.05.
- 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
All > Law > Intellectual Property > Patent
Filing a patent application that explains how to make and how to use an invention in sufficient detail that a person skilled in the art could practice the invention. MPEP 2138.05.
- 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
All > Law > Intellectual Property > Patent
Examination of the patentability of an invention claimed in an issued U.S. patent at the request of the USPTO, the patent owner or a third party. MPEP 2209, MPEP 2210.
- 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
All > Law > Intellectual Property
at any time during the enforceability of a patent any person may file a request for the USPTO to conduct a second examination of any claim of the patent on the basis of prior art patents or printed publications which that person states to be pertinent and applicable to the patent and believes to have a bearing on the patentability (see 37 CFR 1.501). In order for the request for reexamination to be granted, a substantial new question of patentability must be present with regard to at least one patent claim. The request must be in writing and must be accompanied by payment of a reexamination request filing fee as set forth in 37 CFR 1.20(c).
-- see 37 U.S.C. 302, MPEP 2209, et seq., 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
A document that discloses subject matter that is material to a determination of the patentability of a claimed invention. MPEP 2126, MPEP 2126.01, MPEP 2126.02, MPEP 2127, MPEP 2128.
Also listed in:
All > Law > Intellectual Property > Patent
A numeral or letter used to identify an element on a patent drawing.
- Browse Related Terms: business incubator, Intellectual Property, model, Patent Misuse, Proprietary Information, Reference Character, service mark, Trade Name, Trade Secret, trademark
All > Law > Intellectual Property
-- see MPEP 900 for information
- Browse Related Terms: abstract of the disclosure, Disclosure, embodiment, petitions (patent matters), postcard receipt, prior art (reference), PTA, PTE, reference (prior art), specification, SSP
All > Law > Intellectual Property
Federal registration of trademarks involves the establishment of rights in a mark based on legitimate use of the mark. Although federal registration of trademarks is not required to use a trademark, owning a federal trademark registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, the exclusive right to use the mark on or in connection with the goods or services set forth in the registration, the ability to bring an action concerning the mark in federal court, the use of the U.S. registration as a basis to obtain registration in foreign countries, and the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
-- see International Intellectual Property for links to enforcement assistance
- 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
Also listed in:
All > Law > Intellectual Property
a registered patent attorney/agent is assigned a registration number that they must include on patent correspondence and forms when representing others before the USPTO; individual applicants do not have a registration number and should leave this field blank on patent forms.
-- see the searchable online Patent Attorney Agent Roster to locate registered patent attorneys and agents
- Browse Related Terms: agent (patent), attorney, customer number, disclosure document, domestic representative, lawyer, non-lawyer, POA, practitioner, registration number, representative
All > Law > Intellectual Property > Patent
Restoration of the enforceability of a patent.
Also listed in:
- All > Business > Finance > Insurance > Auto Insurance
- All > Business > Finance > Insurance > Homeowners Insurance
- All > Business > Finance > Insurance > Life Insurance
All > Law > Intellectual Property > Patent
The issue of a patent that was issued previously in order to correct an error in the patent. MPEP 1401, MPEP 1402.
An application filed by a patentee after a patent has issued to correct applicant's errors that rendered the patent wholly or partly inoperative due to a defective specification or drawings or which claimed more or less than the applicant had a right to claim. The applicant must provisionally surrender the previously issued patent. Any reissue patent that results will have the same expiration date as the original patent.
- Browse Related Terms: certificate of correction, double patenting, Invalid, Opposition, patent number, Patent Term, patentee, PTO (Patent and Trademark Office), reissue, Reissue Application, Reissue Patent, request for reexamination, Validity