Patent

Patent terms

1. abandonment Process by which the debtors estate would not benefit by the sale of certain property so the trustee will turn it back over to the debtor.
2. Abandonment of Invention To relinguish rights in an invention. In the U.S., an invention is considered to be abandoned, if within a reasonable time after the invention is…
3. Abandonment of Patent Application To relinquish, either by express abandonment or by inaction, a patent application.
4. Absolute Novelty A requirement of some patent offices (but not the USPTO) that public disclosure or sale of an invention anywhere in the world cannot occur prior to the…
5. Abstract of the Disclosure A concise statement of the technical disclosure including that which is new in the art to which the invention pertains -- see MPEP 608.01(b) for more
6. Action Case, cause, suit or controversy disputed or contested before a court.
7. active inducement to infringe One may be held liable for patent infringement as a result of actively encouraging another to infringe if such other does infringe, even though the…
8. Admissions by Applicant A statement by an applicant for patent that can or is used to deny the patentability of an invention, in some cases regardless of whether the statement is…
9. Advisory Action An action advising an applicant of the status of an application, typically advising him/her that the amendment filed just prior to the mailing of the…
10. Affidavit A sworn statement in writing before a proper official, such as a notary public.
11. aggregation A ground for rejection of a patent claim that is based on a lack of cooperation among the elements of an invention. MPEP 2173.05(k).
12. Allowance A decision by a patent office that an applicant is entitled to a patent on an invention. MPEP 1303.
13. Allowance, Notice of A written notice by a patent office that an applicant is entitled to a patent on an invention. In the U.S.
14. Alpha Subclasses In the U.S. patent classification system, subclassed that have an alphabetical suffix. MPEP 902.01.
15. amendment A change in any part of a patent application made after it is filed. Also, the communication from the applicant to a patent office directing or requesting…
16. Annuity A life insurance contract sold by insurance companies, brokers, and other financial institutions. It is usually sold as a retirement investment.
17. Anticipation A situation that exists when claimed invention is not novel in view of the prior art.
18. Apparatus See Machine.
19. apparatus claim This refers to a patent claim, which describes structurally a piece of equipment and is embraced by the expression "machine" in the definition of…
20. Appeal To call for a review of an IRS decision or proposed adjustment.
21. Appeal Brief A written communication submitted to a higher authority reviewing an adverse patentability decision (rejection of a claim) by an Examiner. In the U.S.
22. Appeal, Notice of A written communication to a patent office indicating that an adverse patentability decision (rejection of a claim) by an Examiner will be appealed.
23. Appelant A patent applicant who has appeal the decision of a patent Examiner to a higher authority. MPEP 1201.
24. Applicant inventor or joint inventors who are applying for a patent on their own invention, or the person mentioned in 37 CFR 1.42, 1.43 or 1.
25. Application Under the Equal Credit Opportunity Act (ECOA), an oral or written request for an extension of credit that is made in accordance with the procedures…
26. Application (for Patent) A document describing a claimed invention and requesting that a patent on the claimed invention be granted to an applicant. In the U.S.
27. Application Series A grouping of application serial numbers (the last six digits of the application number) having the same series code. MPEP 503.
28. Application, Continuation A subsequent application for the same invention disclosed in a prior (regular or nonprovisional) application that is filed before the original application…
29. Application, Continuation-in-Part An application by the same applicant repeating a substantial portion or all of an earlier (regular or nonprovisional) application and adding matter not…
30. Application, Divisional A later application "carved out of" an earlier application for an invention that is disclosed in the earlier application but that is distinct or…
31. apportionment of profit As a measure of damages in patent-infringement litigation, apportionment generally refers to dividing the profits on the sale of a particular piece of…
32. art or prior art A term used in consideration of the problem of patentable novelty encompassing all that is known prior to the filing date of the application in the…
33. Art Unit A subunit of a patent examining group. Also called Group Art Unit. MPEP 502.
34. Article of Manufacture A product, a physical thing. There is no clear difference between an article of manufacture and a machine. Under U.S.
35. ASSERT To assert a patent is to attempt to enforce it. To attempt to prevent an unlicensed party from practicing an invention.
36. assignee the entity that is the recipient of a transfer of a patent application, patent, trademark application or trademark registration from its owner of record…
37. Assignment Assignment occurs when someone who has written, or sold, a listed option receives a notice that the option has been exercised and he or she must fulfill…
38. assignor the owner of record of a patent application, patent, trademark application or trademark registration who is transferring (assigning) ownership to another…
39. attorneys' fees award In exceptional cases in patent infringement litigation, the court may require the losing party to pay the attorneys' fees of the prevailing party.
40. Auslegeschrift An examined German patent application (now eliminated).
41. Background of the Invention A section heading in the specification of a U.S. patent application that includes a statement of the technical field of the invention and a description of…
42. bailment An agreement under which the bailee/licensee is permitted to use the tangible property of the bailor/ licensor under defined terms and conditions.
43. Bar, Statutory A circumstance that prevents (bars) issuance of a valid patent. MPEP 2133.
44. Base Claim A claim from which another claim depends, either directly or indirectly. MPEP 608.01(n).
45. Basic Patent The first member of a "family" of patents (which may or may not be the first member published).
46. basic patent or pioneer patent A broad patent that is the first in a given area.
47. Best Mode The way of implementing the inventive concept contemplated by the inventor on the filing date of the patent application. MPEP 608.
48. Biological Material Material referenced in the disclosure of a patent application that is capable of self-replicating, either direclty or indirectly.
49. Board of Patent Appeals and Interferences A board of senior examiners that hears appeals of adverse patentability decisions of examiners. MPEP 1202, MPEP 1203.
50. bounty a reward offered for a piece of fugitive information.
51. bounty hunter information holders and sharers. People who respect and appreciate the power and value of knowledge.
52. bounty poster information seekers. People looking for a valuable piece of fugitive information and willing to pay a generous reward for its location.
53. Brevet French for "patent."
54. broad claim A statement in a patent describing extensive variations of the invention. Such a statement usually includes a broad range of alternatives by its…
55. business incubator A program that assists entrepreneurs to develop a business. The primary features are flexible and affordable space, access to shared office services…
56. Cancellation of Claims Removal of claims from a patent application, usually by way of an amendment.
57. Cancelled Matter Matter that is removed from the specification or claims of a patent application.
58. CCPA See Court of Customs and Patent Appeals.
59. certificate of correction Issued upon patentee request due to a U.S. Patent and Trademark Office or applicant minor error in the patent such as printing, typographical, or clerical…
60. CFR Code of Federal Regulations -- see MORE INFO
61. CIP Continuation-in-Part an application filed during the lifetime of an earlier nonprovisional application, repeating some substantial portion or all of the…
62. Citation 1. The written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents. 2.
63. Claim Your request for the insurance company to pay you an amount under the terms of your policy.
64. claim(s) A claim is one of the numbered paragraphs that appear at the end of a patent and defines the scope of protection given to the owner of the patent (i.e.
65. Claim, Dependent A claim that refers back to and further limits or restricts the breadth of another claim.
66. Claim, Generic A claim that describes ("reads on") a generic form of an invention. A generic claim generally reads on all the claimed species of an invention. MPEP 806.
67. Claim, Independent A claim that does not reference (depend from) another claim. MPEP 608.01(i).
68. Claim, Jepson A form of a claim with a preamble that describes what is known in the art followed by a transitional phrase such as "the improvement comprising" and then…
69. Claim, Markush A form of a claim that allows claiming of members of a finite group by means of a phrase like "a member selected from the group consisting of" followed by…
70. Claim, Multiple Dependent A claim that refers back to and depends from more than one other claim. The other claims may be refered to in the alternative only. MPEP 608.01(n).
71. Claim, Picture A claim that sets forth an invention in great detail. Also called a Specific Claim.
72. Claim, Process A claim that recites the steps of a process. The process may be a method of making something, a process of operating something or a process of using…
73. Claim, Product A claim that recites the elements or features of a product (i.e., a machine, an article of manufacture or a composition of matter).
74. Claim, Species A claim that describes ("reads on") a species of an invention. A generic claim generally reads on all the claimed species of an invention. MPEP 806.04(d).
75. Claimed Invention The invention that the inventor(s) claim to have invented and for which he/she/they seek patent protection.
76. Classification patents are classified (organized) in the U.S. by a system using a 3 digit class and a 3 digit subclass to describe every similar grouping of patent art.
77. Colorable Deviation A small change (in a product or process) from what is claimed that is made soley for the purpose of avoiding literal infringement of the claim.
78. combining prior art Under Section 102 of the U.S. Patent Statute, a claim must be identically disclosed in a single prior-art reference in order to be rejected as being…
79. Completion of Invention Conception and reduction to practice of an invention. Also called "making an invention".
80. Composition of Matter An invention in which the substance and not the form or shape is the inventive subject matter. Under U.S. law, one of the statutory classes of inventions.
81. comprising (used when defining the scope of a claim) A transitional phrase that is synonymous with (means the same thing as) "including," "containing" or…
82. conception (kun-SEP-shun) In biology, the beginning of pregnancy, marked by fertilization of an egg by a sperm.
83. Consisting of a transitional phrase that is closed (only includes exactly what is stated) and excludes any element, step, or ingredient not specified in the claim.
84. constructive reduction to practice A reduction to practice involves physical verification of the operability of the invention or its suitability for its intended purpose. When one files a U.
85. Contemporaneously witnessed Observed or read and understood by a witness who is not one of the inventors at the time the event occurred.
86. continuation a second application for the same invention claimed in a prior nonprovisional application and filed before the first application becomes abandoned or…
87. Continuation Application See Application, Continuation.
88. Continuation-In-Part Application See Application, Continuation-In-Part.
89. contributory infringement Selling a part of a patented product or a material for use in practicing a patented process that is especially adapted for the patented product or…
90. Convention An official meeting of the delegates of a political party at which the delegates decide upon their party platform and take other party-related actions.
91. Convention Date See Priority Date.
92. Convention, EPC The European Patent Convention. An agreement among countries in Europe establishing a system of filing and examination of a single patent application in a…
93. Copending Application or Copendency A patent application that is pending (not abandoned or issued) at the same time another, related patent application is pending.
94. copying This generally refers to an infringer copying from a patented product, apparatus, composition, or process and may enhance evidence of infringement.
95. copyright The 1976 Copyright Act permits the owner of a copyright to prevent others from reproducing, displaying, performing, or distributing ideas expressed in a…
96. Corresponding Foreign Application An international patent application or a regional or national patent application or inventor's certificate filed in a country other than the U.S.
97. Corroboration Evidence provided by other than an inventor that shows that an important event occurred when the inventor said it did. MPEP 2138.01.
98. Count An indictment may contain allegations that the defendant has committed more than one crime. Each allegation must be listed separately.
99. Court of Appeals for the Federal Circuit (CAFC or Fed. Cir.) A U.S. court to which an applicant for patent can appeal a decision of the USPTO Board of Patent Appeals and Interferences. MPEP 1216.
100. Court of Customs and Patent Appeals (CCPA) The historical court that reviewed USPTO decisions and decided customs cases, that was replaced by the U.S. Court of Appeals for the Federal Circuit.