design patent applicationan application for a patent to protect against the unauthorized use of new, original, and ornamental designs for articles of manufacture -- see also…
Design Search Code Manuallists the numerical codes for searching designs in the USPTO's trademark database (TESS). -- see Design Search Code Manual
designationan indication made by applicant, in the Request for an International Application filed under the Patent Cooperation Treaty, as to the Contracting States…
DIDdefense in depth - multiple layers of security to provide added protection to IT resources
DiligenceThe activity required of an inventor and his attorney that must have started just prior to the entry into the field of another "inventor" and continue…
Direct InfringementMaking, using or selling a patented invention in the jurisdiction within which the patent is enforcable, or importing a patented invention or a product…
disclaimerA patentee, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer (give up all or part of…
disclosureA disclosure document explains how a financial product or offering works. It also details the terms to which you must agree in order to buy it or use it…
disclosure documentThe USPTO eliminated its Disclosure Document Program on February 1, 2007. For more information, see the Federal Register notice: http://www.uspto.
Disclosure Document ProgramA program of the USPTO wherein, for a small fee, the USPTO will maintain a written document disclosing an invention and signed by the inventor in…
DiscoveryThis is when the Court orders each party (each side) to give each other information about the facts before the trial, to avoid surprise.
DisposalA term used in some countries, including the U.S., to mean that an application has been abandoned, denied (rejected) or allowed (granted).
DivisionDivision means the Wage and Hour Division (WHD) of the U.S. Department of Labor.
divisional applicationa later application for an independent or distinct invention disclosing and claiming (only a portion of and) only subject matter disclosed in the earlier…
DODesignated Office the national Office or intergovernmental organization of or acting for the Contracting State designated by the applicant under Chapter I…
docketA log containing brief entries of court proceedings.
doctrine of claim differentiationThis is a judicially created rule of construction that states that when two claims in the same patent have an apparently similar or identical meaning, an…
doctrine of equivalenceinvoked when a patent's claim is not literally infringed, but (here comes the is the legal jargon) "the infringing device uses substantially the same…
doctrine of equivalentsa judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims.
domestic representativea person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in…
DominatedCovered by one or more claims in a patent.
Dominating PatentA patent having a claim broad enough to encompass the subject matter of a claim in a subsequent patent.
double patentingAn inventive entity cannot obtain claims in two patents directed either to the same invention or to an obvious variation of the same invention.
Double Patenting RejectionA rejection of a patent claim on the grounds that it is an improper attempt to obtain more than one patent on the same invention or on an obvious variant…
DoublePatentingAn improper attempt to obtain more than one patent on the same invention or on an obvious variant of the same invention. MPEP 804, MPEP 804.01, MPEP 804.
DrawingPatent drawings must show every feature of the invention as specified in the claims.
DRMdata reference model - also known as a "data and information reference model" - describes the data and information that support program and line…
DTDdocument type definition - a format specification file that accompanies documents prepared according to SGML (standard generalized markup language)…
due diligence termsAn investigation undertaken in the course of an intellectual property transaction to verify and determine the ownership and scope of intellectual property…
Duty of Disclosureeveryone involved in the patent process at any time - both during the procurement period and during potential litigation or re-examination - must disclose…
EASTExaminer Automated Search Tools - a system used by patent examiners within the USPTO
EBCElectronic Business Center - includes links to Patents EBC and Trademarks EBC a web page containing hyperlinks to all online systems for conducting…
ElectionThe choice by the applicant of the invention to be prosecuted and, hence, the claims to be examined. MPEP 818, MPEP 809.02(a), MPEP 809.02(b), MPEP 818.
election (PCT)an indication made by applicant, in the Demand for an International Application filed under the Patent Cooperation Treaty, as to the Contracting States in…
electronic file wrappera system that provides a way to access electronic copies of the correspondence, documents and other pertinent records used in considering a particular case
element(EH-leh-ment) A basic part of a whole. In chemistry, refers to a simple substance that cannot be broken down into smaller parts or changed into another…
Element of ClaimA (usually indented) portion of the body of a patent claim that describes a feature of an invention and that interrelates the feature with the other…
Embodimenta manner in which an invention can be made, used, practiced or expressed
EnablementSupport within a disclosure of a claimed invention. Enablement occurs when a person skilled in th art to which the invention pertains is taught how to…
enforceability of patentthe right of the patent owner to bring an infringement suit against a party who, without permission, makes, uses or sells the claimed invention.
EOElected Office - the national Office or intergovernmental organization of or acting for the Contracting State elected by the applicant under Chapter II of…
ePASElectronic Patent Assignment System -- see ePAS
EquivalentEqual under patent law. MPEP 904.01(b), MPEP 2144.06, MPEP 2183.
equivalents - means-plus-function claimsRather than expressly reciting a component or feature in a patent claim, one may recite a feature as a means for accomplishing something such as "seal…
equivalents - reverse doctrine ofThis concept is used infrequently. It refers to situations where one might literally infringe a patent claim, but due to the interpretation of the claim…
ESDExamination Support Document -- see Guidelines for Examination Support Document (ESD) under § 1.265 [PDF]
ESTTAElectronic System for Trademark Trials and Appeals
eTASElectronic Trademark Assignment System -- see eTAS
European Patent ConventionAn agreement among Eurpoean nations that establishes a regional, European patent system.
Ex ParteAn action (a conversation orally or in writing, a ruling, or a hearing) done without all parties being notified in advance or without their presence.
ex parte reexamination-- see reexamination proceeding If the request for ex parte reexamination is filed by a third party and not the patent owner, the third party may not…
ExaminationReview of a patent application to determine if a claimed invention is patentable. MPEP Introduction.
examination copya copy of an international application filed under the Patent Cooperation Treaty maintained by the International Preliminary Examining Authority.
examinerAn official of a patent office charged with determining the patentability of inventions claimed in patent applications.
Examiner's ActionA written communication from a patent Examiner that contains requirements and/or documents the reasons behind the Examiner's patentability decisions and…
examiner's amendmenta written confirmation of an amendment made to a trademark application. The trademark examining attorney assigned to the application will make the…
examining attorneya USPTO employee who examines (reviews and determines compliance with the legal and regulatory requirements of) an application for registration of a…
ExampleAn example of one embodiment (implementation) of an invention. If the example is an actual ("working") example, i.e.
exceptional caseIn order to seek an attorneys' fees award as part of the relief granted to the prevailing party in patent litigation, it is necessary to show that the…
exclusive licenseThis is an agreement granting to one party exclusive rights under an issued patent, with the licensor giving up by the terms of the license the right to…
excusable nonuse-- see Section 8 Declaration of Excusable Nonuse
ExecuteTo complete; to sign; to carry out according to its terms.
ExhibitA document or other item introduced as evidence during a trial or hearing.
Experimental UseA public use of the invention that having the primary purpose is of testing of the invention. Experimental use is allowed in the U.S.
expiredTrademark registration is no longer active. The registrant failed to renew the trademark registration at the end of the registration period.
Expiry DateThe date when a patent has run its full term and the invention is no longer protected by it.
express abandonmentA patent application may be expressly abandoned by filing a written declaration of abandonment identifying the application in the United States Patent and…
express mail mailing labelpatent correspondence delivered to the USPTO via the "Express Mail Post Office to Addressee" service of the United States Postal Service (USPS) which is…
Extension of TimeAn extension of the "period for reponse" stipulated in an Office action. MPEP 710.02(e).
extension request-- see Request for Extension of Time to File a Statement of Use
failure of othersA secondary test of patentability relevant to the issue of whether an invention is obvious is whether others have failed to come up with the solution…