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The reasoning behind a decision that a claimed invention is patentable. MPEP 1302.14.
- 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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A claim includes within its scope certain subject matter.
- 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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The physical part of the inventive process that completes the process of invention. Until there is a reduction of practice, there is no invention. There are two kinds of reduction of practice: Constructive reduction to practice occurs upon the filing of a U.S. patent application that adequately discloses the invention. Constructive reduction to practice does not involve any physical construction. Actual reduction to practice occurs when there is physical verification that the invention works for the intended purpose. The reduction to practice must involve each and every element that is defined as constituting the invention. The degree of physical verification required will depend on the nature and complexity of the invention.
The completion and first practical operation of an invention.
- Browse Related Terms: Claimed Invention, doctrine of claim differentiation, interference, inventor, joint inventor, Mode, Best, preferred embodiment, reduction to practice
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Building a physical embodiment of an invention and testing it under conditions that would indicate to a person skilled in the art that the invention was useful. MPEP 2138.05.
- 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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Filing a patent application that explains how to make and how to use an invention in sufficient detail that a person skilled in the art could practice the invention. MPEP 2138.05.
- 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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Examination of the patentability of an invention claimed in an issued U.S. patent at the request of the USPTO, the patent owner or a third party. MPEP 2209, MPEP 2210.
- 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 document that discloses subject matter that is material to a determination of the patentability of a claimed invention. MPEP 2126, MPEP 2126.01, MPEP 2126.02, MPEP 2127, MPEP 2128.
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A numeral or letter used to identify an element on a patent drawing.
- 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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Restoration of the enforceability of a patent.
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The issue of a patent that was issued previously in order to correct an error in the patent. MPEP 1401, MPEP 1402.
An application filed by a patentee after a patent has issued to correct applicant's errors that rendered the patent wholly or partly inoperative due to a defective specification or drawings or which claimed more or less than the applicant had a right to claim. The applicant must provisionally surrender the previously issued patent. Any reissue patent that results will have the same expiration date as the original patent.
- 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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A U.S. patent application that is refiled after a patent issues in order to correct one or more errors in the patent that occurred without deceptive intent. MPEP 1401, MPEP 1402, MPEP 1403.
- 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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A corrected U.S. patent that issues from an allowed reissue application. MPEP 1401, MPEP 1402, MPEP 1403.
- 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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An office action by the Patent Examiner stating to the applicant, or his attorney, that an application is not allowable for some reason.
A ruling by an examiner in an office action that one or more claims are not allowed.
The refusal of a patent Examiner to allow a claim based on specific legal grounds. MPEP 706, MPEP 706.01.
- 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 occurs on the second or any subsequent examination of its patentability. After the final rejection of a claim occurs, the only recourses of an applicant are to argue that the final rejection was premature, to appeal the rejection or to amend the claim in accordance with any suggestion of the Examiner. The Examiner may allow the applicant to place the claim in better form for appeal. One interview with the Examiner will be allowed, if in the judgment of the Examiner, circumstances warrent the interview. See Rejection. MPEP 706.07, MPEP 706.07(a).
- 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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The periodic fee charge by a 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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A written communication to a patent office asking that a decision be reconsidered. MPEP 714.13, MPEP 818.03, MPEP 1214.01, MPEP 1214.03.
- 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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A request filed by a patentee or a third party seeking reexamination of one or more claims of a patent based upon an alleged substantial new issue of patentability due to printed prior art not considered by the U.S. Patent and Trademark Office examiner who handled the application originally.
- 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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A requirement by an Examiner that an applicant choose which of multiple claimed, distinct inventions disclosed in a patent application that he/she wishes to be examined. MPEP 802, MPEP 802.02, MPEP 803.
- 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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This occurs when an examiner concludes that a patent application claims two or more independent and distinct inventions. The restriction requirement, if made final, requires the applicant to elect to pursue one group of claims in the application in which the requirement is made. The nonelected claims may be pursued by a divisional 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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To reinstate a patent application that has been abandoned (relinquished), either by express abandonment or by inaction. Abandonment by inaction typically involves failure to take a required action (e.g., filing a incomplete response or not paying a fee) during the statutory period for taking the action. A U.S. patent application that was unavoidably or unintentionally abandoned, can be revived by petition. MPEP 711.
- 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