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Secure Application Filed Electronically
- 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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"SB" is used today as part of the label in our form designations (e.g., PTO/SB/05 ). The origin of this notation is a Specimen Book (no longer in use) that included all of the forms.
- 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
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what is included - as in the scope of a claim
- Browse Related Terms: composed of, Comprising, consisting essentially of, Consisting of, disclaimer, doctrine of equivalents, having, Patent Pending, scope, transitional phrase
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All > Law > Intellectual Property
After a trademark application is filed, the USPTO will conduct a search of USPTO records for conflicting marks as part of the official examination process. The official search is not done for the applicant but rather to determine whether the mark applied for can be registered. The USPTO advises applicants and/or their representatives to search the records before filing the application. A search may be conducted through TESS, or by visiting the Trademark Public Search Library, between 8:00 a.m. and 8:00 p.m. at Madison East, 1st Floor, 600 Dulany Street, Alexandria, VA 22313. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. These libraries have CD-ROMS containing the database of registered and pending marks, and Internet access to the Trademark Electronic Search System (TESS). (However, the CD-ROMS do not contain images of the design marks.)
-- locate your nearest PTDL
- Browse Related Terms: ABSS, bio-sequence listings, boolean, Design Search Code Manual, ISR, Patent and Trademark Depository Library, pseudo mark, PSIPS, search, sequence listing, TESS, Trademark Electronic Search System
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A study of available information in the field for the purpose of determining if any prior discovery makes the subject invention incapable of being patented or, if patentable, whether it infringes a prior issued patent.
- Browse Related Terms: active inducement to infringe, claim(s), Colorable Deviation, Comprising, contributory infringement, copying, Direct Infringement, doctrine of equivalence, doctrine of equivalents, equivalents - reverse doctrine of, Infrastructure, Infringed Literally, infringement, Infringement By Equivalents, Infringement Under Doctrine of Equivalents, Literal Infringement, notice (also marking), Product By Process Claim, prosecution history estoppel, search, that which infringes if later, anticipates if earlier
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copy of an international application filed under the Patent Cooperation Treaty maintained by the International Searching Authority.
- 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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A report containing a list of citations of prior art references that, in the opinion of the searcher, are material to the patentability of a claimed invention. A search report often presents an opinion of patentability. MPEP 707.05, MPEP 707.05(a), MPEP 1844.
- Browse Related Terms: Anticipation, combining prior art, Effective date, Novelty, Opinion, Patentability, prior art, prior art (reference), reference, Search Report, Swearing Back of Reference, teach, teach toward - teach away, Teaching Away
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Objective evidence of the actual marketplace setting in which an invention was made. This evidence is relevant to deciding whether an invention is unobvious. Categories of such evidence would include commercial success of the claimed invention, long-felt need that was met by the invention, unexpected results achieved by the invention, failure of others to make the invention, and copying of the invention by others.
Objective evidence of non-obviousness. MPEP 2141, MPEP 716.01(a).
- 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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a sworn statement, filed by the owner of a mark registered on the Principal Register, claiming "incontestable" rights in the mark for the goods/services specified. An "incontestable" registration is conclusive evidence of the validity of the registered mark, of the registration of the mark, of the owner's ownership of the mark and of the owner's exclusive right to use the mark with the goods/services. The claim of incontestability is subject to certain limited exceptions set forth in §§15 and 33(b) of the Trademark Act, 15 U.S.C. §§1065 and 1115(b). 15 U.S.C. §1065. Filing a Section 15 Declaration is optional. However, there are certain rules governing when one may be filed. A §15 Affidavit may not be filed until the mark has been in continuous use in commerce for at least five consecutive years subsequent to the date of registration for marks registered under the Act of 1946 (and subsequent to the date of publication under §12(c) of the Trademark Act, 15 U.S.C. §1062(c), for marks registered under the Acts of 1905 and 1881 for which the benefits of the Act of 1946 have been claimed). The §15 Affidavit must be executed and filed within one year following a 5-year period of continuous use of the mark in commerce. Marks registered on the Supplemental Register are not eligible for claims of incontestable rights under §15.
-- see File a §15 Declaration
- 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
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a sworn statement, filed by the owner of a registration that the mark is in use in commerce. Section 8 of the Trademark Act, 15 U.S.C. §1058. It must be filed by the current owner of the registration and the USPTO must receive it during the following time periods: 1) At the end of the 6th year after the date of registration (or the date of publication under 15 U.S.C. §1062(c) for registrations issued under the Acts of 1905 or 1881 that have claimed the benefits of the Act of 1946), AND 2) At the end of each successive 10-year period after the date of registration. There is a six-month grace period. If these rules and deadlines are not met, the USPTO will cancel the registration.
-- see File a §8 Declaration
- Browse Related Terms: current filing basis, filing basis, original filing basis, Renewal, Section 8 Declaration of Continued Use, Section 8 Declaration of Excusable Nonuse, Section 9 Renewal Application, specimen, subsequent designation, use-based application
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a sworn statement, filed by the owner of a registration, that the mark is not in use in commerce due to special circumstances that excuse such nonuse and is not due to any intention to abandon the mark. Section 8 of the Trademark Act, 15 U.S.C. 1058. It must be filed by the current owner of the registration and the USPTO must receive it during the following time periods: 1) At the end of the 6th year after the date of registration (or the date of publication under 15 U.S.C. �1062(c) for registrations issued under the Acts of 1905 or 1881 that have claimed the benefits of the Act of 1946), AND 2) At the end of each successive 10-year period after the date of registration. There is a six-month grace period. If these rules and deadlines are not met, the USPTO will cancel the registration. Once the USPTO accepts the Section 8 Declaration of Excusable Nonuse, the owner of the registration is not required to file another Section 8 Declaration until the next statutory filing period.
-- see File a §8 Declaration
- Browse Related Terms: current filing basis, filing basis, original filing basis, Renewal, Section 8 Declaration of Continued Use, Section 8 Declaration of Excusable Nonuse, Section 9 Renewal Application, specimen, subsequent designation, use-based application
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- a sworn document, filed by the owner of a registration, to avoid the expiration of a registration. Federal trademark registrations issued on or after November 16, 1989, remain in force for 10 years, and may be renewed for 10-year periods. Trademark registrations issued or renewed prior to November 16, 1989 remain in force for 20 years, and may be renewed for 10-year periods. Trademark owners have a total of 18 months to file a §9 Renewal Application. The §9 Renewal Application may be filed one year prior to the registration expiration date or during the 6-month grace period immediately after the date of expiration. If the §9 Renewal Application is not filed or is filed after the grace period ends, the registration will expire. Because the due date of the 10-year §8 Declaration coincides with the due date of the §9 Renewal Application, the USPTO created a form entitled "Combined Declaration of Use in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 & 9"
- Browse Related Terms: current filing basis, filing basis, original filing basis, Renewal, Section 8 Declaration of Continued Use, Section 8 Declaration of Excusable Nonuse, Section 9 Renewal Application, specimen, subsequent designation, use-based application
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-- see bio-sequence listing
- Browse Related Terms: ABSS, bio-sequence listings, boolean, Design Search Code Manual, ISR, Patent and Trademark Depository Library, pseudo mark, PSIPS, search, sequence listing, TESS, Trademark Electronic Search System
All > Law > Intellectual Property > Patent
Rules promulgated by a patent office that concern the form of disclosures of inventions that contain nucleotide sequence data and/or amino acid sequence data. MPEP 2420, MPEP 2421.01, MPEP 2421.02.
- Browse Related Terms: art or prior art, embodiment, Patent Agent, Patent Attorney, Pro se Applicant, Sequence Rules
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a number assigned to a patent application when it is filed. A serial number is usually used together with a two digit series code to distinguish between applications filed at different times.
- Browse Related Terms: application number (patent), confirmation number, Control No., ex parte reexamination, inter partes reexamination, normal publication, patent application publication, patent number, PG Pub, publication number, serial number, series code
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An identifying number given to each patent application by the USPTO as of the day it is received or made complete. MPEP 503.
- 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