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A 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 previously. Another way of expressing this concept is the existence of a long-standing and unsolved problem that tends to lend weight to patentability.
- Browse Related Terms: Double Patenting Rejection, DoublePatenting, failure of others, Intervening Rights, obvious to try, patentability search
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See Court of Appeals for the Federal Circuit (CAFC or Fed. Cir.).
- 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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The regulations of the departments and agencies of the U.S. Federal Government as published in 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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The fee charged by a patent office for filing a patent application. MPEP 607, MPEP 509.
- Browse Related Terms: Annuity, Fee, Filing, Fee, Issue, Fee, Maintenance, Fee, Petition, Filing Fee, Forfeited Application, Issue Fee, Lapse Date, maintenance, Maintenance Fee, maintenance fees, Renewal Fee, Small Entity
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The fee charged by a patent office for issuing (granting) a patent. MPEP 1306, MPEP 509.
- Browse Related Terms: Annuity, Fee, Filing, Fee, Issue, Fee, Maintenance, Fee, Petition, Filing Fee, Forfeited Application, Issue Fee, Lapse Date, maintenance, Maintenance Fee, maintenance fees, Renewal Fee, Small Entity
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The periodic fee charge by the U.S. patent office for maintaining a patent in force. MPEP 2501, MPEP 2504, MPEP 509.
- Browse Related Terms: Annuity, Fee, Filing, Fee, Issue, Fee, Maintenance, Fee, Petition, Filing Fee, Forfeited Application, Issue Fee, Lapse Date, maintenance, Maintenance Fee, maintenance fees, Renewal Fee, Small Entity
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The fee charged by a patent office for reveiwing a petition filed by an applicant. MPEP 1002.
- Browse Related Terms: Annuity, Fee, Filing, Fee, Issue, Fee, Maintenance, Fee, Petition, Filing Fee, Forfeited Application, Issue Fee, Lapse Date, maintenance, Maintenance Fee, maintenance fees, Renewal Fee, Small Entity
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The area of technology that an inventor invents within. Also called technical field or field of the invention. MPEP 608.01(c).
- Browse Related Terms: Background of the Invention, crowded art, Examining Group, Field of Endeavor, Field of the Invention, invention, Knowledge-based Expert System, long-felt need, Patent Search, Pioneer Invention, Pioneer Patent, Technical Field, Title of Invention, utility patent
All > Law > Intellectual Property > Patent
See Field of Endeavor.
- Browse Related Terms: Background of the Invention, crowded art, Examining Group, Field of Endeavor, Field of the Invention, invention, Knowledge-based Expert System, long-felt need, Patent Search, Pioneer Invention, Pioneer Patent, Technical Field, Title of Invention, utility patent
All > Law > Intellectual Property > Patent
The technical field or market within which an invention is licensed. The licensee mahy not sell the invention within other markets.
- 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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A license to rights in intellectual property which is limited to a defined use.
- 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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An explanations of what marks mean on a drawing. Patent drawings do not have legends.
- Browse Related Terms: Absolute Novelty, critical date, Defensive Publication, Figure Legend, Open for Public Inspection, Printed Matter, publication, SIR, Statutory Invention Registration (SIR)
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The complete file of a patent application containing all related papers prepared by the patent office and the applicant during the prosecution of the application. Also called File Wrapper. MPEP 717, MPEP 717.01.
- Browse Related Terms: Assignee, assignor, date of application, dedication to the public, Depositing Correspondence, Disclosure Document Program, File History, File Wrapper, Filing Date, issue date, Manual of Patent Examining Procedure (MPEP), patent application, serial number, Terminal Disclaimer
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This is the collection of documents located in the U.S. Patent and Trademark Office including a patent application and communications by the applicant and the U.S. Patent and Trademark Office with respect to the application.
The folder in which the file history is kept. See File History. MPEP 717, MPEP 717.01.
- Browse Related Terms: Assignee, assignor, date of application, dedication to the public, Depositing Correspondence, Disclosure Document Program, File History, File Wrapper, Filing Date, issue date, Manual of Patent Examining Procedure (MPEP), patent application, serial number, Terminal Disclaimer
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When one amends an application during the course of prosecuting a patent application to overcome a prior art rejection by narrowing the claims, one is precluded or estopped from asserting a broader interpretation after the patent issues. This type of estoppel clearly exists in the face of a prior art rejection, but can also exist based upon comments made in writing by the applicant and any other representations, causing one to conclude that the U.S. Patent and Trademark Office relied on certain representations regarding scope of claim in allowing the application. Under current law, file wrapper estoppel does not necessarily totally preclude the use of the doctrine of equivalents in the assertion of an infringement claim, but does substantially restrict the application of the doctrine of equivalents. This is also referred to as prosecution history estoppel.
A restriction in the interpretation of a claim that exists because of an admission in the record by the applicant.
- 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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The date when a sufficiently-complete patent application reaches a patent office. MPEP 506.
- Browse Related Terms: Assignee, assignor, date of application, dedication to the public, Depositing Correspondence, Disclosure Document Program, File History, File Wrapper, Filing Date, issue date, Manual of Patent Examining Procedure (MPEP), patent application, serial number, Terminal Disclaimer
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The fee charged by a patent office for processing a patent application. MPEP 607.
- Browse Related Terms: Annuity, Fee, Filing, Fee, Issue, Fee, Maintenance, Fee, Petition, Filing Fee, Forfeited Application, Issue Fee, Lapse Date, maintenance, Maintenance Fee, maintenance fees, Renewal Fee, Small Entity
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An Office action that contains a final rejection of one or more claims or another final action. See Final Rejection. MPEP 706.07, MPEP 706.07(a), MPEP 706.07(b).
- 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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A rejection of a claim that is made final on a second or subsequent examination or consideration. After a rejection of a claim is made final, an applicant must generally either agree with Examiner suggestions or appeal the rejection. MPEP 706.07, MPEP 706.07(a), MPEP 706.07(b).
The USPTO's final opinion as to the patentability of an invention.
- 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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The first examination on the merits of the claims.
- 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