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To inform and instruct by way of the documents making up the prior art. The prior art references teach the technology disclosed in them or revealed by them.
- 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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A prior-art reference that suggests or points in the direction of the present invention is said to teach toward the invention and is evidence that the invention is obvious. A prior-art reference that diverges and points in a technical direction away from the present invention is evidence that the invention is unobvious. Prior art must be looked at in its entirety.
- 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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The situation in which a prior art reference suggests that a claimed invention is not possible, e.g., would not work. MPEP 2145.
- 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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The field of art to which the invention pertains. MPEP 608.01(c).
- 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 process by which patentable intellectual property is made marketable and is licensed or otherwise disposed for use by the pubic.
- 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 person in a public-sector or private-sector organization who is responsible for managing the intellectual property of the organization. Various titles are used for the position, including Technology-Transfer Officer, Licensing Associate, etc. The Association of University Technology Managers (AUTM) has over 1,200 members. Another such organization, the Licensing Executives Society (LES), has over 6,000 members worldwide.
- 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 period during which a patent can be inforced. MPEP 2501.
- 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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Where an obviousness-type double patenting rejection has occurred, an applicant may file a document indicating that the term of the second patent will end upon expiration of the first patent to issue.
A document filed with the USPTO by an applicant, assignee or patent attorney or agent wherein a terminal portion of the normal term of the patent is given up. MPEP 1490.
- 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 rule stating the equivalence between two tests under patent law (i.e., the test of infringement of a patent and the test of anticipation in the prior art to invalidate a patent). If the claim of a patent is literally infringed by a prior art reference, then the claim is anticipated by that prior art reference and, therefore, is unpatentable. Note that there cannot be anticipation of a claim by equivalents.
- 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 brief but technically accurate name for the invention. MPEP 606.
- 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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A name used to identify a business entity.
- 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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A trade secret is any information, design, device, process, composition, technique, or formula that is not publicly known, and that provides those who know it with a competitive business advantage. Trade secrets are potentially unlimited in duration, but protection is lost if someone else discovers the information either independently or by analyzing or dissecting a product ("reverse engineering"). Like copyright and trademarks, trade secrets do not need to be registered with or granted by any government agencies; the inventor or company holding the information merely has to make a reasonable effort to keep their secrets secret. Trade secret protection is a state right under the Uniform Trade Secret Act or similar state laws, and it mainly provides relief in the case of an information leak to competitors. In order to warrant such relief in a court case, information must be shown to be both commercially valuable and far enough removed from general knowledge that it is reasonably difficult to discover. Also, a company must show that it has been diligent in keeping its information secret. Since patented inventions are made publicly available upon granting of the patent, patent protection and trade secret protection are mutually exclusive; however, since patent applications are kept confidential until and unless they are approved, an invention can remain a trade secret if the patent application is rejected. Types of trade secrets include chemical formulas or recipes (such as soda or cosmetics formulas), and manufacturing processes or techniques (such as how to make fireworks or form the eye of a sewing needle).
Information kept secret by an organization for the purpose of maintaining a competitive advantage.
- 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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A word, name, symbol, or device, or any combination thereof, used by a manufacturer or by a vendor in connection with a product.
A symbol, design, word, letter or other device protected by law and used to distinguish a product or products from those of competitors.
According to the U.S. Patent and Trademark Office (PTO), "A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark." Although trademark registration with the PTO is not required to establish trademark rights, registration is advantageous in the case of conflict. Unlike patent and copyright protection, trademark rights can potentially be of unlimited duration, lasting as long as the mark is in use by its owner.
- 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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To dispute the decision of an Examiner. In proceedings before the USPTO, failing to traverse an Examiner's reliance on alleged "common knowledge" or information that is alleged to be "well known" in the art can result in the allegation becoming an admission, and, hence, "fact" even though it is no true. MPEP 714.02, MPEP 2144.03, MPEP 818.03, MPEP 818.03(b), MPEP 818.03(c).
- 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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