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Removal of claims from a patent application, usually by way of an amendment.
- 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
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Matter that is removed from the specification or claims of a patent application.
- Browse Related Terms: Cancelled Matter, claim, Claim, Jepson, Claim, Markush, Claim, Picture, Consisting of, Dominated, Improvement Patent, Jepson claim, Limitation, Markush Claim, Markush Group, Means Plus Function Language, Means-Plus-Function Claim, metes and bounds, preamble, Preamble of Claim
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- Browse Related Terms: Appeal, Appeal Brief, Appeal, Notice of, Appelant, Board of Patent Appeals and Interferences, CCPA, Court of Appeals for the Federal Circuit (CAFC or Fed. Cir.), Court of Customs and Patent Appeals (CCPA), Examination, Federal Circuit, notice of appeal, patentable, Patentable Subject Matter, Petition, PetitionforCertiorari, Precedent, Rationale for Patentability, Request for Reconsideration
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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 errors.
- Browse Related Terms: certificate of correction, double patenting, Invalid, Opposition, patent number, Patent Term, patentee, PTO (Patent and Trademark Office), reissue, Reissue Application, Reissue Patent, request for reexamination, Validity
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The Code of Federal Regulations.
- 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)
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All > Law > Intellectual Property > Patent
Abbreviation for "Continuation-in-Part". When one wishes to add new material to a pending patent application the resulting application is referred to as a CIP.
- Browse Related Terms: CIP, continuation, Continuation Application, Continuation-In-Part Application, Copending Application or Copendency, Division, divisional application, new matter, Patent Marking, Pending Patent Application
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All > Law > Intellectual Property > Patent
A reference to a document considered relevant to the examination of a patent application. Citations by the Examiner appear on the front page of a U.S. patent. Citations by the applicant may appear in the specification and/or in an Information Disclosure Statement. MPEP 609.
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All > Law > Intellectual Property > Patent
The definition of a monopoly right that an applicant is trying to obtain. The claims define the actual monopoly when the patent is granted. MPEP 608.01(i), MPEP 608.01(k), MPEP 608.01(m), MPEP 1309.01.
the meat and potatoes of the patent application. A claim is a single sentence that describes one aspect of an invention; in a patent there can be hundreds of claims or only one. Since patent protection only covers what is exactly and explicitly laid out in the claims, they are, as you can imagine, incredibly important. Patent attorneys can spend months crafting these delicate sentences.
A numbered paragraph or paragraphs at the close of a patent application specifically stating what the inventor alleges as the invention. The claims define the legal scope of a patent.
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All > Law > Intellectual Property > Patent
A claim that refers back to and further limits or restricts the breadth of another claim. The other claim may be an independent claim or another dependent claim. MPEP 608.01(n).
- 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
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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 806.04(d).
- Browse Related Terms: bounty hunter, broad claim, Claim, Generic, Claim, Species, Contemporaneously witnessed, Dedication, disclaimer, specification, status
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A claim that does not reference (depend from) another claim. MPEP 608.01(i).
- 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
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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 a description of the claimed improvement. MPEP 2129.
- Browse Related Terms: Cancelled Matter, claim, Claim, Jepson, Claim, Markush, Claim, Picture, Consisting of, Dominated, Improvement Patent, Jepson claim, Limitation, Markush Claim, Markush Group, Means Plus Function Language, Means-Plus-Function Claim, metes and bounds, preamble, Preamble of Claim
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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 a list of the members of the group linked by the word "and." The members of a Markush group must have at least one property that is mainly responsible for their membership in the group. MPEP 803.02, MPEP 2173.05(h).
- Browse Related Terms: Cancelled Matter, claim, Claim, Jepson, Claim, Markush, Claim, Picture, Consisting of, Dominated, Improvement Patent, Jepson claim, Limitation, Markush Claim, Markush Group, Means Plus Function Language, Means-Plus-Function Claim, metes and bounds, preamble, Preamble of Claim
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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).
- 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
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A claim that sets forth an invention in great detail. Also called a Specific Claim.
- Browse Related Terms: Cancelled Matter, claim, Claim, Jepson, Claim, Markush, Claim, Picture, Consisting of, Dominated, Improvement Patent, Jepson claim, Limitation, Markush Claim, Markush Group, Means Plus Function Language, Means-Plus-Function Claim, metes and bounds, preamble, Preamble of Claim
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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 something. 35 U.S.C. 101.
- Browse Related Terms: Apparatus, Article of Manufacture, Claim, Process, Claim, Product, Composition of Matter, Machine, method, process, Product, Product of Nature
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A claim that recites the elements or features of a product (i.e., a machine, an article of manufacture or a composition of matter). A claim recites the physical form of an invention. 35 U.S.C. 101.
- Browse Related Terms: Apparatus, Article of Manufacture, Claim, Process, Claim, Product, Composition of Matter, Machine, method, process, Product, Product of Nature
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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., the right to prevent others from making, using, selling, offering for sale, or importing the claimed invention). Each claim is treated separately for purposes of determining validity and infringement. For example, claims may be directed toward apparatus, methods, products, and compositions of matter and new and useful improvements thereof.
- 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
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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).
- Browse Related Terms: bounty hunter, broad claim, Claim, Generic, Claim, Species, Contemporaneously witnessed, Dedication, disclaimer, specification, status
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The invention that the inventor(s) claim to have invented and for which he/she/they seek patent protection.
- Browse Related Terms: Claimed Invention, doctrine of claim differentiation, interference, inventor, joint inventor, Mode, Best, preferred embodiment, reduction to practice