All > Law > Intellectual Property > Patent
See Official Gazette.
- Browse Related Terms: Action, date of patent, examiner, O.G., pto, USPTO
All > Law > Intellectual Property > Patent
A sworn statement. In the U.S., declaration may be used instead of an oath to verify that information being submitted to the USPTO is true. See Declaration. MPEP 602, MPEP 715, MPEP 716.
Also listed in:
- All > Law > Common Legal Terms
- All > Law > Court
- All > Law > Intellectual Property
All > Law > Intellectual Property > Patent
A desired characteristic of an invention. MPEP 608.01(d).
- 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
All > Law > Intellectual Property > Patent
The validity of a patent can be challenged by attempting to show that what the inventor did would have been obvious to try based on the prior art, and, therefore, the invention would have been obvious.
- Browse Related Terms: Double Patenting Rejection, DoublePatenting, failure of others, Intervening Rights, obvious to try, patentability search
All > Law > Intellectual Property > Patent
If the invention could readily be deduced at the time the invention was made from publicly available information (prior art) by a person of ordinary skill in that art, it is obvious. Prior art may be combined to show that an invention would have been obvious. (For example, the teachings of two or more prior art patents or a prior art patent and a prior art article may be combined). If an invention would have been obvious to a person of ordinary skill in the art at the time the invention was made, then it is not patentable.
A characteristic that makes an invention predicable to a person having ordinary skill in the art who has knowledge of all of the prior art. No "inventive step" was involved in conceiving the invention. One of the most difficult terms in patent law to define and understand. MPEP 2141, MPEP 2141.01, MPEP 2141.02, MPEP 2141.03, MPEP 2142.
- 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
All > Law > Intellectual Property > Patent
An activity that can bar obtaining a patent in some jurisdictions if the activity occurs a sufficient period of time before a patent application on the invention is filed. MPEP 2133.03(b), MPEP 706.02(c).
- Browse Related Terms: Best Mode, constructive reduction to practice, GATT, Invention, Abandoned, life of a patent, Offer to Sell, Patent Pending, pending, Statutory Period, Substitute Specification, Surrender of Patent, Withdrawal
All > Law > Intellectual Property > Patent
An official written communication from an examiner in the U.S. Patent and Trademark Office giving the position of the U.S. Patent and Trademark Office on a pending patent application. After receiving an adverse office action, the applicant must respond within the set time limits.
(First) The Patent Examiner's conclusion about the patentability of an invention (Second) The Patent Examiner's second conclusion to an applicant's appeal.
See Action.
- 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
Also listed in:
All > Law > Intellectual Property > Patent
See Action.
- 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
All > Law > Intellectual Property > Patent
A publication of the USPTO in which new patents and trademarks are announced. Published weekly in two editions, one for patents and one for trademarks.
- 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)
All > Law > Intellectual Property > Patent
An application that, having been acted on by an Examiner, has, in turn, been acted on by the applicant. MPEP 203.03.
- 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
All > Law > Intellectual Property > Patent
See Offer to Sell.
If an inventor places his or her invention on sale more than one year before a U.S. patent application is filed, then a valid patent cannot be obtained. This is sometimes referred to as the on-sale bar to a patent. An invention is on sale where it has actually been sold or an offer of sale has been made.
- Browse Related Terms: Bar, Statutory, Experimental Use, on sale, Prior Public Use, Public Sale, Public Use, royalty, Statutory Bar, work-for-hire
All > Law > Intellectual Property > Patent
The one-year period that starts on the date that an invention is used publicly, offered for sale, patented or published anywhere in the world during which period a U.S. patent application must be filed to avoid a bar. MPEP 2133.
- 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)
All > Law > Intellectual Property > Patent
The date upon which a patent application is first made available to the public.
- Browse Related Terms: Absolute Novelty, critical date, Defensive Publication, Figure Legend, Open for Public Inspection, Printed Matter, publication, SIR, Statutory Invention Registration (SIR)
All > Law > Intellectual Property > Patent
An opinion offered by a patent agent or a patent attorney as to whether a claimed invention is likely to be deemed patentable by a patent office in view of the prior art made available to him/her.
- 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
All > Law > Intellectual Property > Patent
An opinion offered by a patent agent or a patent attorney as to whether the claims of an issued patent would likely be upheld by a court in view of the facts made available to him/her.
- Browse Related Terms: ASSERT, Discovery, Enjoin, Injunction, invalidation, Opinion, Validity, Reinstatement, Unenforceable
All > Law > Intellectual Property > Patent
A procedure available in most countries (but not the U.S.) whereby a third party may request that a patent not issue or that an issued patent be invalidated.
- 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
All > Law > Intellectual Property > Patent
The level of technical knowledge, experience, and expertise possessed by the run-of-the-mill or ordinary engineer, scientist, or designer in the technology that is relevant to the invention. Obviousness is measured with reference to a hypothetical person having ordinary skill in the art to which the invention pertains.
- 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
All > Law > Intellectual Property > Patent
A patent application that is not a reissue application. MPEP 201.04(b).
- 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
Also listed in: