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See Negative Limitation.
- 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 limitation that is excusive, e.g., "other than X" "incapable of X", etcetera. MPEP 2173.05(i).
- 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 patentability issue or question that had not arisen previously in the examination of an application.
- 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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Matter (information) that is not present in the original specification, claims or drawings that an applicant attempts to add to a patent application. MPEP 608.04, MPEP 608.04(a), MPEP 608.04(b).
Subject matter that was not present in the original application as filed cannot be added to a pending patent application by amendment.
- 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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One of the classes of patentable subject matter under U.S. law.
- Browse Related Terms: apparatus claim, basic patent or pioneer patent, classification, Count, Dominating Patent, Knowledgebase, Manufacture, New Use, Reads On, Statutory Subject Matter
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A patent application filed in a second, or subsequent country which does not claim the priority of another, earlier application in another country.
- Browse Related Terms: Application, Continuation, Application, Continuation-in-Part, Application, Divisional, Convention Date, Corresponding Foreign Application, cross reference, Foreign Filing Date, Geschmackmuster, joint application, Non-Convention Application, nonprovisional patent application, original application, Parent Application, Priority, Priority Date, Priority Document, provisional application, Right of Priority, Substitute Patent Application
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A grant under a patent with reservation by the licensor to make a similar grant to others.
- Browse Related Terms: Brevet, Frivolous Invention, Gebraughsmuster, issue, non exclusive license, Patentschrift, Plant Patent, Protest
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In order for a patent to be granted, the claimed invention must be "non obvious" to one of "ordinary skill in the art". In other words, if one obtains a new and unexpected result, the invention is said to be non obvious.
- Browse Related Terms: Definiteness, hypothetical person skilled in the art, Level of Ordinary Skill, non obvious, Obviousness, ordinary skill in the art, Person Skilled in the Art, Routineer, Secondary Considerations, skill in the art, Unobvious
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The opposite of obviousness. See Obviousness.
- 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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A type of U.S. utility patent application that must contain at least one claim and can issue as a patent. MPEP 201, MPEP 601, MPEP 601.01(a)..
- Browse Related Terms: Application, Continuation, Application, Continuation-in-Part, Application, Divisional, Convention Date, Corresponding Foreign Application, cross reference, Foreign Filing Date, Geschmackmuster, joint application, Non-Convention Application, nonprovisional patent application, original application, Parent Application, Priority, Priority Date, Priority Document, provisional application, Right of Priority, Substitute Patent Application
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Placing the word "patent" with the patent number on articles made by the patentee or a licensee. If the patentee fails to mark his or her products, then the patentee may recover only damages for infringement that occurred after the infringer has received actual notice through a charge of patent infringement.
- 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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When the Patent Examiner has determined that a patent application has met the statutory requirements for patentability the U.S. Patent and Trademark Office will issue a "Notice of Allowance." This indicates that the patent will "issue" at some future date.
A written communication from the U.S. Patent and Trademark Office indicating that a patent application has been allowed.
- 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 notice by the USPTO that the application has been placed in a condition for allowance and that the issue fee must be paid within three months of the mailing date of the notice. 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
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See Appeal, Notice of.
A document filed by the applicant in the U.S. Patent and Trademark Office to initiate an appeal of an examiner's rejection to the Board of Patent Appeals and Interferences.
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A requirement for patentability. If an invention has been used or was known to others it is probably no longer novel and therefore not eligible for patent protection.
One of the conditions that an invention must meet in order to be patentable. Novelty is present if no single piece of prior art discloses every element of the claimed invention.
New; not anticipated by (taught by) the prior art. MPEP 2131.
- 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