- Browse Related Terms: Application, Disclosure, enablement, how to make, inoperativeness, Invention Disclosure, Undue Experimentation, Unreasonable Experimentation, Written Description
The regulations promulgated by the USPTO.
- 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)
The agency of the U.S. Federal Government responsible for administering the country's patent system.
- Browse Related Terms: Alpha Subclasses, Convention, Convention, EPC, EPC, European Patent Convention, First to File, Paris Convention, PCT (Patent Cooperation Treaty), United States Patent and Trademark Office (USPTO), Utility Model
All research conducted in the course of an inventor's employment with the University (including, but not limited to, the performance of a grant, contract or award made to the University by an extra mural agency) or with the use of University resources
- Browse Related Terms: Copyright, design patent, Expiry Date, Grant, how to use, Infringe, Patent, Revocation, university research
The state of a claimed invention's not being obvious to a person having ordinary skill in the art to which the invention pertains. Also called non-obvious. See Obviousness.
- 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
Descriptive of an invention not involving sufficient departure from what was known before in the art or that for some other reason is not the proper subject matter of a patent.
- 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
Utility, Plant, and Reissue
-- see patent for more
- Browse Related Terms: common inventor, design patent, design patent application, invention, plant application (patent), Plant Patent, UPR, utility patent, utility patent application
Also listed in:
United States Code
-- see MORE INFO
- 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:
- There are 4 filing bases on which an application may be based. One filing basis is use of the mark in commerce (the other three are filing based on an intent-to-use the mark in commerce, filing based on a pending foreign application, and filing based on a foreign registration). Applicants who file based on use in commerce must be using the mark they wish to register with the goods or services in the application prior to or at the time of filing the application.
To base the application on the applicant's use of the mark in commerce, the applicant must submit the following four items: (1) A statement that the mark is in use in commerce, as defined by 15 U.S.C. §1127, and was in use in such commerce on or in connection with the goods or services listed in the application on the application filing date; (2) The date of the applicant's first use of the mark anywhere on or in connection with the goods or services; (3) The date of the applicant's first use of the mark in commerce as a trademark or service mark; and (4) One specimen for each class showing how the applicant actually uses the mark in commerce. If the specimen is not filed with the initial application, applicant must submit a statement that the specimen was in use in commerce at least as early as the application filing date. These items must be verified by the applicant, i.e., supported either by an affidavit or by a declaration under 37 C.F.R. §§2.20 and 2.33. Trademark Act Section 1(a), 15 U.S.C. §1051(a); 37 C.F.R. §§2.34(a)(1) and 2.59(a); TMEP §806.01(a).
- 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
For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows:
For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.
For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce. If you have already started using the mark in commerce, you may file based on that use.
A "use" based application must include a sworn statement(usually in the form of a declaration) that the mark is in use in commerce, listing the date of first use of the mark anywhere and the date of first use of the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement. The application should include a specimen showing use of the mark in commerce.
- Browse Related Terms: allegation of use, amendment to allege use (AAU), extension request, IDS, intent to use, JCCT, request for extension of time to file a statement of use, SOU, statement of use, use in commerce
Having some practical utility; fit for some desirable practical or commercial purpose. One of the three requirements for patentability under U.S. law. MPEP 706.03(a), MPEP 2107, MPEP 2107.01, MPEP 2107.02.
- Browse Related Terms: bounty, bounty poster, Equivalent, Harmonization, Inventorship, presumption of validity, United States Code, Useful
United States Patent and Trademark Office, designation became effective April 3, 2000; a result of the American Inventors Protection Act of 1999
- Browse Related Terms: AIPA, DID, Fastener Quality Act, patentable, PBG, PBG Final Rule, USPTO