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This generally refers to a patent that is issued on an application filed later in time than a prior application and tends to build upon the previously disclosed invention or the previously disclosed and claimed invention.
A patent claiming an invention that is an improvement or modification of an invention claimed in a prior patent. In some instances, it means a patent that cannot be practiced without infringement of a prior patent.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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To supplement the the disclosure of a patent application by making a specific statement in the application that other material is to be considered to be incorporated in the application. MPEP 608.01(p).
- 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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A claim that fails to particulary point out the claimed invention. MPEP 706.03(d), MPEP 2171, MPEP 2173.
- 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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The opposite of definiteness. See Definiteness.
- Browse Related Terms: applicant, Completion of Invention, conception, Corroboration, Diligence, First to Invent, Indefiniteness, Inventor, Joint, Joint Invention, Non-Obviousness, Prima facie, Reduction to Practice, Actual, Reduction to Practice, Constructive, unpatentable, valid
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Section 112 of the Patent Statute requires that the claims be sufficiently definite so as to provide a standard by which a third party could, with some degree of certainty, determine whether a given practice would or would not be an infringement of the claims.
- 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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A situation in which one party has agreed to sue another party, e.g., for patent infringement.
- 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 a claim that stands by itself and must be so read in terms of infringement and validity evaluations. This is contrasted with a dependent claim.
A patent claim that stands alone in that it does not depend from (contain the limitiations of) any other claim. 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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An act that encourages another party to infringe a patent.
- 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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A list of all patents, publications and other information submitted by an applicant for patent to the USPTO in discharging his duty of disclosure or to ensure that the Examiner consders the information. MPEP 609.
- 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 basic underlying framework or features of a system.
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To make, use or sell a patented invention in the jurisdiction and during the term of a patent.
- Browse Related Terms: Copyright, design patent, Expiry Date, Grant, how to use, Infringe, Patent, Revocation, university research
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A situation wherein an issued patent is infringed (practiced without a license to do so) by a product or process that has all of features of the invention claimed in the patent.
- 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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The practice of a claimed invention without a license to do so.
Using the invention described in a claim of a valid patent without license or consent of the owner of the patent rights.
when another party makes, uses, sells, offers for sale, or imports a patented invention without the permission of the patent owner. Infringement can occur with or without the accused's knowledge of the patent.
Someone who makes, uses, sells, places on sale, or imports into the United States a claimed invention is guilty of infringement. There can be direct or literal infringement, infringement under the doctrine of equivalents, contributory infringement, and active inducement to infringe.
- 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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Infringement in the situation that the infringing product or process does not have exactly the same features as the invention claimed in the patent but that any different feature performs the identical function specified for the claimed feature.
- 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
- 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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Present in the essential character of something. MPEP 2173.05(v).
- 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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A writ granted by a court whereby one is required to do or to refrain from doing a specified act.
a court order barring a party from taking a certain action. In patent cases, these prohibited actions are making, using, selling, offering for sale, or importing into the U.S. a patented invention.
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The failure of the invention to work due to either mechanical or methodical imperfections or due to incomplete or erroneous description of the invention in the disclosure.
- Browse Related Terms: Application, Disclosure, enablement, how to make, inoperativeness, Invention Disclosure, Undue Experimentation, Unreasonable Experimentation, Written Description
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An intangible form of personal property. Patents, copyrights, trademarks, service marks, trade names and trade secrets are examples of intellectual property.
- Browse Related Terms: business incubator, Intellectual Property, model, Patent Misuse, Proprietary Information, Reference Character, service mark, Trade Name, Trade Secret, trademark
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A proceeding for the purpose of determining which of two or more applicants for patents on the same invention is the legally recognized inventor. Such an action may take place between two or more applicants, two or more holders of patents, or an applicant and a patentee.
A multiparty priority proceeding in the U.S. Patent and Trademark Office wherein two or more parties claim the same invention. The parties present evidence of conception and reduction to practice with a view toward proving who first invented the subject matter of the claims involved in the interference.
A priority contest in the USPTO to determine which of two or more parties was the first to invent commonly-claimed subject matter. MPEP 2300.01.
- Browse Related Terms: Claimed Invention, doctrine of claim differentiation, interference, inventor, joint inventor, Mode, Best, preferred embodiment, reduction to practice
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