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A study of available information in the field for the purpose of determining if any prior discovery makes the subject invention incapable of being patented or, if patentable, whether it infringes a prior issued 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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A report containing a list of citations of prior art references that, in the opinion of the searcher, are material to the patentability of a claimed invention. A search report often presents an opinion of patentability. MPEP 707.05, MPEP 707.05(a), MPEP 1844.
- 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
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Objective evidence of the actual marketplace setting in which an invention was made. This evidence is relevant to deciding whether an invention is unobvious. Categories of such evidence would include commercial success of the claimed invention, long-felt need that was met by the invention, unexpected results achieved by the invention, failure of others to make the invention, and copying of the invention by others.
Objective evidence of non-obviousness. MPEP 2141, MPEP 716.01(a).
- 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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Rules promulgated by a patent office that concern the form of disclosures of inventions that contain nucleotide sequence data and/or amino acid sequence data. MPEP 2420, MPEP 2421.01, MPEP 2421.02.
- Browse Related Terms: art or prior art, embodiment, Patent Agent, Patent Attorney, Pro se Applicant, Sequence Rules
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An identifying number given to each patent application by the USPTO as of the day it is received or made complete. MPEP 503.
- 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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A word, name, symbol or device, or any combination thereof, used to identify and distinguish the services performed by a particular entity form those performed by its competitors.
- 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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- Browse Related Terms: Absolute Novelty, critical date, Defensive Publication, Figure Legend, Open for Public Inspection, Printed Matter, publication, SIR, Statutory Invention Registration (SIR)
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An ordinary level of proficiency in a particular technology in which an invention is made.
- 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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An independent inventor, a small business or a non-profit organization. The USPTO reduces the amount of certain fees that it charges small entities by 50 percent. MPEP 509.02, MPEP 509.03.
- 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 status granted U.S. patent applications that have certain characteristics upon successful petition to the USPTO. Applications granted special status are given a higher priority for examination. MPEP 708.02.
- 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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The part of the patent application that precedes the claims and in which the inventor specifies, describes, illustrates, and discloses the invention in detail.
The description, drawings and claims of a patent application. MPEP 608.01, MPEP 608.01(a), MPEP 2161.
The written description of an invention describing the invention in sufficient detail that another person could duplicate it.
- Browse Related Terms: bounty hunter, broad claim, Claim, Generic, Claim, Species, Contemporaneously witnessed, Dedication, disclaimer, specification, status
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The legal standing of a patent appplication or patent. MPEP 102.
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A bar to patentability established by law. MPEP 2133.
- Browse Related Terms: Bar, Statutory, Experimental Use, on sale, Prior Public Use, Public Sale, Public Use, royalty, Statutory Bar, work-for-hire
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Registration of an invention with the USPTO to place an invention in the public domain. The disclosure of an application for a Statutory Invention Registration is equivalent to the specification and drawings of a patent application. MPEP 1101.
- Browse Related Terms: Absolute Novelty, critical date, Defensive Publication, Figure Legend, Open for Public Inspection, Printed Matter, publication, SIR, Statutory Invention Registration (SIR)
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The period within which a response be filed with the USPTO if abandonment of the application is to be avoided. MPEP 710.01, MPEP 710.01(a), MPEP 710.02, MPEP 710.02(b).
- 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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Patentable subject matter. MPEP 2105.
- 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 examination of a patent application by a patent office to determine whether a patent should be granted on the claimed invention.
- 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 patent application that is a duplicate of an earlier application by the same applicant abandoned before the filing of the later application. MPEP 201.09.
- 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 rewritten specification of a patent application filed after the filing date of the application that corrects some error but that does not introduce new matter. MPEP 608.01(q).
- 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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An act that occurs concurently with the filing of a reissue patent application in the USPTO. MPEP 1416.
- 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