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WIPO Copyright Treaty
- 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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Conduct that constitutes an illegal use of another's patented invention where the infringer has no reasonable basis for believing that its actions are legal (i.e., infringement when the infringer knew of the patent and had no reasonable basis for believing that it either did not infringe the patent or that the patent was invalid or unenforceable). A finding of willful infringement is a basis for increasing damages up to treble the actual amount and/or the award of attorneys' fees to the prevailing party. Good-faith reliance on the advice of counsel can be relevant to the issue of whether an infringement was willful.
- Browse Related Terms: apportionment of profit, attorneys' fees award, exceptional case, indefiniteness of claim, Indemnity from Suit, Inducement to Infringe, lost profits, prejudgment interest, profits, royalty (reasonable royalty), willful infringement
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time period after which a utility patent (that issues from an application filed on or after 12 December 1980) expires if a maintenance fee has not been paid. A petition must be filed along with the appropriate fees to reinstate an expired patent.
-- see MPEP 2590
- Browse Related Terms: certificate of mailing, maintenance fees, reexamination proceeding, RPO, RTO, SIR, surcharge due, window close, window open, workflow incoming amendment IFW
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time period when a maintenance fee can be paid with or without a surcharge.
-- see MPEP 2506
- Browse Related Terms: certificate of mailing, maintenance fees, reexamination proceeding, RPO, RTO, SIR, surcharge due, window close, window open, workflow incoming amendment IFW
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Windows Internet Naming Service
- Browse Related Terms: arbitrary marks, certification mark, collective mark, CSR, DNS, fanciful marks, FAS, fee, FQA, goods and services, mere descriptiveness, service mark, SM, suggestive mark, trade dress, trademark, TTY, WINS
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World Intellectual Property Organization
an intergovernmental organization of the United Nations system. WIPO is responsible for the promotion of the protection of intellectual property throughout the world and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property.
-- see MORE INFO about International Intellectual Property protection
- Browse Related Terms: AIPLA, ASEAN, concept, CONFU, FTAA, IB, INTA, Intellectual Property, IPO, IPR, NIPLECC, OLIA (superceded), Trade Secret, TRIPs, USTR, WIPO, WTO
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World Intellectual Property Organization, an agency of the United Nations, that acts as a coordinating body for patent systems and procedures, as well as for trademark and copyright matters. MPEP 1801.
- Browse Related Terms: assignment, bailment, Cross License, due diligence terms, exclusive license, Field of Use, field of use license, General Agreement on Tariffs and Trade (GATT), ipr hygiene, license, licensee, licensor, Misuse, Patent Owner, Property, technology licensing, Technology Manager, WIPO, Worked or Working
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The permanent abandonment of a PCT patent application either before or after publication. Priority claims as well as elections of States and the Demand may also be withdrawn. MPEP 1859, MPEP 1880.
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a non-elected claim
"Withdrawn" is the status identifier that should be used for claims that were not elected (chosen by the applicant to remain under consideration) in response to a restriction requirement.
-- see MPEP 803.01, 803.02 and 803.03
Further, an appellant (one who is appealing an examiner's final rejection to the Board of Patent Appeals and Interferences) may withdraw some of the appealed claims, resulting in cancellation of the withdrawn claims
-- see MPEP 1214.05
- 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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an allowed application for patent in which the applicant files correspondence to withdraw the patent from issue; ;thus preventing it from issuing on the patent issue date. The printed document is sometimes available on the day of publication, but is later retracted and will not be available in the patent database. No copy of the patent document will appear on the official USPTO web site.
-- see 37 CFR 1.313 and 1.114 for more
- 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
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When one is specifically hired to complete a task, such as write a discrete computer program, the resulting product is said to be a Work-for-Hire and thus owned by the individual or organization who paid for the work.
- Browse Related Terms: Bar, Statutory, Experimental Use, on sale, Prior Public Use, Public Sale, Public Use, royalty, Statutory Bar, work-for-hire
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The condition of having met a country's requirement that an invention be put to use in some way. Most countries require "working" of a patent within a specified time after grant. Conditions for "working" requirements vary widely, from publication of availability of licenses to actual manufacture or sale of a product that embodies the claimed invention.
- Browse Related Terms: assignment, bailment, Cross License, due diligence terms, exclusive license, Field of Use, field of use license, General Agreement on Tariffs and Trade (GATT), ipr hygiene, license, licensee, licensor, Misuse, Patent Owner, Property, technology licensing, Technology Manager, WIPO, Worked or Working
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the "flow of work"
Workflow diagrams are a formal way to identify procedural steps and the logic employed in a process used to complete a task or job. Workflow diagrams include each interim step and product(s); the direction of movement through the process (indicated by arrows); decision points, alternative processes and repeated steps, and dependencies (steps or processes that must be completed before, during or after completion of a particular step); and can include the estimated time required for each step, who performs or reviews each step, and resource requirements. Depending on the type of workflow diagramming method used, the start and end points of each interim step may be listed separately or the entire process step can be indicated by a single notation.
- 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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from Public PAIR/IFW - designates the point in time when an amendment is received in the Office and the paper scanning process may be started at the USPTO; does not indicate whether scanning has actually started.
- Browse Related Terms: certificate of mailing, maintenance fees, reexamination proceeding, RPO, RTO, SIR, surcharge due, window close, window open, workflow incoming amendment IFW
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WIPO Performances and Phonograms Treaty
- 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 description (disclosure) of an invention that is written in a patent application. A requirement that a patent application clearly convey what the inventor(s) considered his/her/their invention to be to a person skilled in the art. MPEP 2163.
- Browse Related Terms: Application, Disclosure, enablement, how to make, inoperativeness, Invention Disclosure, Undue Experimentation, Unreasonable Experimentation, Written Description
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World Trade Organization
-- see MORE INFO about International Intellectual Property protection
- Browse Related Terms: AIPLA, ASEAN, concept, CONFU, FTAA, IB, INTA, Intellectual Property, IPO, IPR, NIPLECC, OLIA (superceded), Trade Secret, TRIPs, USTR, WIPO, WTO
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