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The date as of which a reference is available as "prior art" in determining the patentability of an invention. The Effective Date of a reference usually something different from the Effective Filing Date of a patent application. MPEP 2126, MPEP 2126.01, MPEP 2128, MPEP 2128.02
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The 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 818.03(b).
- Browse Related Terms: Art Unit, Auslegeschrift, Citation, Election, Examiner's Action, final rejection, First Action, Front Page Drawing, information disclosure statement (IDS), Kokai, Kokoku, New Issue, notice of allowance, Office action, Old Application, Patent Cooperation Treaty (PCT), Patent Examiner, Patentability, Preliminary Examination, Preliminary Examination Report, Reexamination, restriction, restriction requirement, Special Status, Substantive Examination, Traverse
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A (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 features of the invention. MPEP 608.01(m).
- 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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One (generally of many possible) concrete (physical) form of an invention as described in a patent application or patent.
- Browse Related Terms: art or prior art, embodiment, Patent Agent, Patent Attorney, Pro se Applicant, Sequence Rules
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Support 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 make and how to use an invention. MPEP 2164, MPEP 2164.01.
The disclosure of technical information that facilitates the creation of an operating version of an invention.
- Browse Related Terms: Application, Disclosure, enablement, how to make, inoperativeness, Invention Disclosure, Undue Experimentation, Unreasonable Experimentation, Written Description
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Direct or impose by court order.
- Browse Related Terms: ASSERT, Discovery, Enjoin, Injunction, invalidation, Opinion, Validity, Reinstatement, Unenforceable
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Equal under patent law. MPEP 904.01(b), MPEP 2144.06, MPEP 2183.
- Browse Related Terms: bounty, bounty poster, Equivalent, Harmonization, Inventorship, presumption of validity, United States Code, Useful
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Rather 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 means for resisting passage of water between the bushing and the shaft."
- Browse Related Terms: aggregation, equivalents - means-plus-function claims, Indefinite Claim, Inherency, inventive entity, Means for Claim, Negative Limitation, Prolix Claim
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This concept is used infrequently. It refers to situations where one might literally infringe a patent claim, but due to the interpretation of the claim, would not be held to be an infringer.
- 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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An agreement among Eurpoean nations that establishes a regional, European patent system.
- 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
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A legal proceeding with no adversary, as in a normal patent prosecution.
- Browse Related Terms: Application (for Patent), Biological Material, Drawing, Duty of Disclosure, Ex Parte, File Wrapper Estoppel, fraud on the Patent and Trademark Office, Incorporation by Reference, materials transfer agreement, prior-art statement, Prosecution History
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Review of a patent application to determine if a claimed invention is patentable. MPEP Introduction.
The study of a patent application in the U.S. Patent and Trademark Office to determine whether or not it is in proper form and of such a character that the invention described therein can be patented.
- 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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An official of a patent office charged with determining the patentability of inventions claimed in patent applications.
An employee of a patent office to whom an application is assigned for handling prosecution.
An officials of the U.S. Patent and Trademark Office whose responsibility is to pass on the patentability of patent applications.
- Browse Related Terms: Action, date of patent, examiner, O.G., pto, USPTO
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A written communication from a patent Examiner that contains requirements and/or documents the reasons behind the Examiner's patentability decisions and usually sets a time for response by the applicant. MPEP 707.
- Browse Related Terms: Art Unit, Auslegeschrift, Citation, Election, Examiner's Action, final rejection, First Action, Front Page Drawing, information disclosure statement (IDS), Kokai, Kokoku, New Issue, notice of allowance, Office action, Old Application, Patent Cooperation Treaty (PCT), Patent Examiner, Patentability, Preliminary Examination, Preliminary Examination Report, Reexamination, restriction, restriction requirement, Special Status, Substantive Examination, Traverse
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An example of one embodiment (implementation) of an invention. If the example is an actual ("working") example, i.e., an example of work actually done, it is described in the past tense. If it is a prophetical example, or if simulated or predicted test results are presented, the present tense is used. MPEP 608.01(p), MPEP 2164.02.
- 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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In 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 case has unusual circumstances. In general, it means that there has either been willful infringement on the part of the alleged infringer or that the patentee was reckless in bringing an infringement case.
- 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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This 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 offer and give a license to any other party.
- 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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With reference to a patent application, to sign an oath or declaration. MPEP 601.04, MPEP 602.01
- Browse Related Terms: Admissions by Applicant, Affidavit, declaration, Deposition, Execute, Oath, Preliminary Statement, Verified Statement/Showing
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