All > Law > Intellectual Property > Patent
An actual or implied giving up of an application or invention by some positive act or failure to act within a reasonable or statutorily fixed time.
- Browse Related Terms: abandonment, Abandonment of Invention, Advisory Action, Amendment, Cancellation of Claims, Disposal, Final Action, Official Action, Preliminary Amendment, prosecution, Quayle Action, Rejection, Rejection, Final
Also listed in:
- All > Law > Bankruptcy
- All > Law > Divorce
- All > Law > Intellectual Property
- All > Technology > Telecommunications
All > Law > Intellectual Property > Patent
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 completed, no actions are taken to make the invention publicly known. MPEP 2134, MPEP 2138.03.
- Browse Related Terms: abandonment, Abandonment of Invention, Advisory Action, Amendment, Cancellation of Claims, Disposal, Final Action, Official Action, Preliminary Amendment, prosecution, Quayle Action, Rejection, Rejection, Final
All > Law > Intellectual Property > Patent
To relinquish, either by express abandonment or by inaction, a patent application. Abandonment by inaction typically involves failure to take a required action (e.g., filing a incomplete response or not paying a fee) during the statutory period for taking the action. A U.S. patent application that was unavoidably or unintentionally abandoned, can be revived by petition. MPEP 711.
- Browse Related Terms: Abandonment of Patent Application, Allowance, Allowance, Notice of, Extension of Time, Notice of Allowance and Issue Fee Due, Petition for Extension of Time, Petition to Revive, Revival of Abandoned Application, Term of Patent
All > Law > Intellectual Property > Patent
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 filing of a valid patent application.
- Browse Related Terms: Absolute Novelty, critical date, Defensive Publication, Figure Legend, Open for Public Inspection, Printed Matter, publication, SIR, Statutory Invention Registration (SIR)
All > Law > Intellectual Property > Patent
A short description of the novel features of an invention. MPEP 608.01(b).
- Browse Related Terms: abstract of the disclosure, Base Claim, Claim, Dependent, Claim, Independent, Claim, Multiple Dependent, Dependent Claim, Element of Claim, Example, Exhibit, gist of the invention, Independent Claim, multiple dependent claim, Negative Claim Limitation, Object of the Invention
Also listed in:
All > Law > Intellectual Property > Patent
An official communication from a patent office, ususally requiring some response by the applicant. MPEP 707.
Also listed in:
- All > Law > Common Legal Terms
- All > Law > Divorce
- All > Recreation > Fishing
- All > Recreation > Games > Blackjack
- All > Recreation > Games > Poker
- All > Recreation > Games > Roulette
- All > Technology > Parallel Computing > Cloud Computing > Amazon Web Services
- All > Technology > Telecommunications
All > Law > Intellectual Property > Patent
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 inducer has not made, used, sold, offered for sale, or imported the patented invention.
- 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
All > Law > Intellectual Property > Patent
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 true. MPEP 2129.
- Browse Related Terms: Admissions by Applicant, Affidavit, declaration, Deposition, Execute, Oath, Preliminary Statement, Verified Statement/Showing
All > Law > Intellectual Property > Patent
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 advisory action does not place the applkication in condition for allowance of the claims. See Action. MPEP 714.13.
- Browse Related Terms: abandonment, Abandonment of Invention, Advisory Action, Amendment, Cancellation of Claims, Disposal, Final Action, Official Action, Preliminary Amendment, prosecution, Quayle Action, Rejection, Rejection, Final
All > Law > Intellectual Property > Patent
A written, sworn statement that includes facts in support of the patentability of an invention. Under U.S. rules, an affidavit or declaration under 37 CFR 1.131 is used to "swearing behind" a reference and an affidavit or declaration under 37 CFR 1.132 is used in traversing a rejection. See Declaration. MPEP 715, MPEP 716.
Also listed in:
All > Law > Intellectual Property > Patent
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).
- Browse Related Terms: aggregation, equivalents - means-plus-function claims, Indefinite Claim, Inherency, inventive entity, Means for Claim, Negative Limitation, Prolix Claim
Also listed in:
- All > Technology > Programming > Java
- All > Technology > Telecommunications
All > Law > Intellectual Property > Patent
A decision by a patent office that an applicant is entitled to a patent on an invention. MPEP 1303.
- Browse Related Terms: Abandonment of Patent Application, Allowance, Allowance, Notice of, Extension of Time, Notice of Allowance and Issue Fee Due, Petition for Extension of Time, Petition to Revive, Revival of Abandoned Application, Term of Patent
All > Law > Intellectual Property > Patent
A written notice by a patent office that an applicant is entitled to a patent on an invention. In the U.S., an issue fee must be paid within the period for repsonse or the application will become abandoned. MPEP 1303.
- Browse Related Terms: Abandonment of Patent Application, Allowance, Allowance, Notice of, Extension of Time, Notice of Allowance and Issue Fee Due, Petition for Extension of Time, Petition to Revive, Revival of Abandoned Application, Term of Patent
All > Law > Intellectual Property > Patent
In the U.S. patent classification system, subclassed that have an alphabetical suffix. MPEP 902.01.
- 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 > Law > Intellectual Property > Patent
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 that a change be made is also called an amendment. Amendments are typically made to overcome rejections, objections or requirements made by the patent office. MPEP 714.
An answer to an office action by a United States Patent and Trademark Office Examiner, usually modifying, correcting, striking, or adding claims, or correcting drawings and/or distinguishing prior art in an attempt to overcome objections to allowance of the application.
- Browse Related Terms: abandonment, Abandonment of Invention, Advisory Action, Amendment, Cancellation of Claims, Disposal, Final Action, Official Action, Preliminary Amendment, prosecution, Quayle Action, Rejection, Rejection, Final
Also listed in:
- All > Law > US Legislature
All > Law > Intellectual Property > Patent
An annual fee that must be paid to most patent offices to maintain a patent in force. In the U.S., the fee is called a maintenance fee.
Also listed in:
- All > Business > Banking
- All > Business > Finance > Insurance > Life Insurance
- All > Business > Finance > Personal Finance
- All > Business > Finance > Personal Finance > Retirement
- All > Business > Real Estate
All > Law > Intellectual Property > Patent
A term used usually in the consideration of an invention with respect to novelty. This refers to prior knowledge, established as by publication or use of the invention at a date prior to the claimed date of invention and thus indicating that the present invention lacks patentable novelty.
A situation that exists when claimed invention is not novel in view of the prior art. To anticipate a claimed invention, a prior art reference (normally one) must teach every element (or step) of the claim. MPEP 2131, MPEP 2131.01, MPEP 2131.02, MPEP 2131.03.
- 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
Also listed in:
All > Law > Intellectual Property > Patent
See Machine.
- Browse Related Terms: Apparatus, Article of Manufacture, Claim, Process, Claim, Product, Composition of Matter, Machine, method, process, Product, Product of Nature
All > Law > Intellectual Property > Patent
This refers to a patent claim, which describes structurally a piece of equipment and is embraced by the expression "machine" in the definition of patentable subject matter in the U.S. Patent Statute.
- Browse Related Terms: apparatus claim, basic patent or pioneer patent, classification, Count, Dominating Patent, Knowledgebase, Manufacture, New Use, Reads On, Statutory Subject Matter
All > Law > Intellectual Property > Patent
A request that a higher authority (in a patent office or a court) review an adverse patentability decision (a rejection of a claim) by an Examiner. In the USPTO, an appeal is first taken to the Board of Patent Appeals and Interferences. MPEP 1205.
Also listed in:
- All > Business > Finance > Personal Finance > Income Tax
- All > Healthcare > Health Insurance
- All > Law > Bankruptcy
- All > Law > Common Legal Terms
- All > Law > Court
- All > Law > Criminal Law
- All > Law > Divorce
- All > Law > US Legislature