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An earlier regular (nonprovisional) patent application of an inventor disclosing a given invention. MPEP 201.04.
- 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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All > Law > Intellectual Property > Patent
A grant by a patent office giving the grantee the right to exclude others from practicing a claimed invention in the jurijurisdiction of the patent office.
provides the patent holder, or patentee, the right to exclude others from making, using, selling, offering for sale, or importing an invention for 20 years from the date of the patent's issuance. A patent is a government-sponsored monopoly, designed to reward the inventor by providing him with incentive to risk time, effort, and money in developing new technologies. In order to earn patent protection, an invention must be
- New
- Useful
- Nonobvious
Patentable material includes machines, processes, man-made items, compositions of matter, and improvements on any of these items - for all intents and purposes, "anything under the sun produced by man," or the methods of such production.
A grant by the federal government to an inventor of the right to exclude others from making, using, selling, offering for sale, or importing a patented invention. Patents that cover structural or functional aspects of products, composition, and processes are utility patents. Other types of patents include design patents covering ornamental designs of useful objects and plant patents covering new varieties of living plants.
- Browse Related Terms: Copyright, design patent, Expiry Date, Grant, how to use, Infringe, Patent, Revocation, university research
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A person who is not an attorney who can legally represent an inventor or applicant in dealing with a patent office. MPEP 401.
- Browse Related Terms: art or prior art, embodiment, Patent Agent, Patent Attorney, Pro se Applicant, Sequence Rules
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A document filed by an inventor or applicant with a patent office that discloses and claims an invention and that requests that the patent office grant the inventor or applicant the right to exclude others from practicing the invention.
- 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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All > Law > Intellectual Property > Patent
A person who is an attorney who can legally represent an inventor or applicant in dealing with a patent office. MPEP 401.
- Browse Related Terms: art or prior art, embodiment, Patent Agent, Patent Attorney, Pro se Applicant, Sequence Rules
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A treaty that set up a system for searching and, optionally, examination of patent applications.
- 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 Examiner.
- 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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All the patent application and patent documents that relate to he same invention regardless of the patent office involved. The patent family concept is used in patent searching, e.g., to find a published patent application (PCT, EPO, etc.) that corresponds to a (secret) U.S. patent application. MPEP 905.06.
- 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 marking of a patent-pending item "Patent Pending" or marking a patented item with one or more of the patent numbers. Marking gives a potential infringer notice of the fact that a patent is pending or has issued. Marking an invention "Patent Pending" is not allowed in some countries. The marking can be either on the item or on its packaging.
- 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
All > Law > Intellectual Property > Patent
See Misuse.
- 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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The number assinged to an issued patent by a patent office.
- 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
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The owner of patent property rights.
- 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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The condition that occurs between the time that a patent application has been filed on an invention and the deposition of that application either by abandonment of the application or issue of the patent.
- 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
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A study of the patent literature to determine the state of the art in a particular field; a study of the patent literature in a particular field to determine whether the prior art in the field renders a particular invention anticipated or obvious, and, hence, unpatentable.
- 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
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The period during which a patent is valid.
- 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
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The process of continuously monitoring newly published patent applications and issued patents in a particular field.
- 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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An examination of the publications and patents in the U.S. Patent and Trademark Office to determine the probable patentability of the invention.
The issue of whether an invention is capable of being patented in a particular jurisdiction. A type of evaluation that addresses whether a particular invention is patentable in a particular jurisdiction.
- 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 search of existing patents and, perhaps, other publications to determine if the invention is novel and non obvious and thus patentable.
- Browse Related Terms: Double Patenting Rejection, DoublePatenting, failure of others, Intervening Rights, obvious to try, patentability search
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Capable of being patented in a particular jurisdiction. The ability of an invention to satisfy the legal requirements for patentability in a particular jurisdiction.
- 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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