indefiniteness of claimSection 112 of the Patent Statute requires that the claims be sufficiently definite so as to provide a standard by which a third party could, with some…
Indemnity from SuitA situation in which one party has agreed to sue another party, e.g., for patent infringement.
independent claima claim that does not refer back to or depend on another claim.
Information Disclosure Statement (IDS)a list of all patents, publications, U.S. applications, or other information submitted for consideration by the Office in a non-provisional patent…
infrastructureAn basic underlying framework or features of a system.
InfringeTo make, use or sell a patented invention in the jurisdiction and during the term of a patent.
Infringed LiterallyA situation wherein an issued patent is infringed (practiced without a license to do so) by a product or process that has all of features of the invention…
Infringement By EquivalentsInfringement in the situation that the infringing product or process does not have exactly the same features as the invention claimed in the patent but…
InherencyPresent in the essential character of something. MPEP 2173.05(v).
InjunctionAn order or remedy issued by the court at the request of the complaining party, which forbids another party to do some act which he/she is threatening or…
inoperativenessThe failure of the invention to work due to either mechanical or methodical imperfections or due to incomplete or erroneous description of the invention…
Intellectual PropertyCreations of the mind - creative works or ideas embodied in a form that can be shared or can enable others to recreate, emulate, or manufacture them.
interferencea proceeding, conducted before the Board of Patent Appeals and Interferences (Board), to determine priority of invention between a pending application and…
Intervening RightsA defense to an allegation of infringement. Intervening rights exist when a patent is later reissued with broader claims because of inadvertent errors in…
InvalidIneffective or void under the law. A patent can be invalided if it was issued in error.
invalidationshowing that an invention is not deserving of patent protection by providing evidence that it is not new, not useful, or is obvious.
inventionany art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or…
Invention DisclosureFrom a legal standpoint, a description of an invention that would enable a person skilled in the art to which the invention pertains to build and use the…
inventorone who contributes to the conception of an invention. The patent law of the United States of America requires that the applicant in a patent application…
Inventor, JointA person who collaborates with another inventor in the conception of an invention. MPEP 605.07, MPEP 2137.01.
InventorshipThe condition of being an inventor under the law. MPEP 2137.01.
ipr hygieneIntellectual Property Rights Hygiene is the process of ensuring that all sponsors of research that results in intellectual property protection and…
IssueWhen a corporation offers a stock or bond for sale, or a government offers a bond, the security is known as an issue, and the company or government is the…
issue datethe date that a patent application becomes a US patent. The issue date is the date that patent rights can be exercised. U.S.
Issue FeeThe fee paid by an applicant a patent office prior to the granting of a patent. MPEP 1306.
Jepson ClaimA claim that contains in its preamble subject matter that is in the prior art. MPEP 2137.01.
Joint Applicationan application in which the invention is presented as that of two or more persons -- see MPEP 201.02 and MPEP 605.07 for more; also joint inventor
Joint InventionAn invention conceived by more than one person. See Inventor, Joint.
joint inventoran inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception of the invention…
Knowledge-based Expert SystemA computer program that uses knowledge and inference procedures for solving a problem that is sufficiently difficult to require a significant amount of…
KnowledgebaseAn organized repository of knowledge about a particular subject. For example, a set of U.S. patentability rules is a knowledgebase.
KokokuAn examined and allowed Japanese patent application.
Lapse DateThe date when a patent is no longer enforceable in a jurisdiction due to a failure to pay renewal (maintenance) fees.
Level of Ordinary SkillThe level of skill in the art(s) to which an invention pertains that is used in judging whether a disclosure or claim is enabling. MPEP 2141.03.
Licensea contract in which the owner of the patent grants another person or company permission to make, use, or sell the patented invention.
licenseeThe entity which is granted rights to intellectual property by the owner of that property.
licensorThe owner of intellectual property which grants rights to another (the licensee) through a license.
Multiple Dependent Claima dependent claim which further limits and refers back in the alternative to more than one preceding independent or dependent claim.
Negative LimitationA claim limitation that is excusive, e.g., "other than X" "incapable of X", etcetera. MPEP 2173.05(i).
New IssueWhen a stock or bond is offered for sale for the first time, it's considered a new issue.
New MatterMatter (information) that is not present in the original specification, claims or drawings that an applicant attempts to add to a patent application.
New UseOne of the classes of patentable subject matter under U.S. law.
non exclusive licenseA grant under a patent with reservation by the licensor to make a similar grant to others.
non obviousIn order for a patent to be granted, the claimed invention must be "non obvious" to one of "ordinary skill in the art".
Non-Convention ApplicationA patent application filed in a second, or subsequent country which does not claim the priority of another, earlier application in another country.
Non-ObviousnessThe opposite of obviousness. See Obviousness.
notice (also marking)Placing the word "patent" with the patent number on articles made by the patentee or a licensee.
notice of allowanceNOA - a written notification from the USPTO that a specific mark has survived the opposition period following publication in the Official Gazette, and has…
Notice of Allowance and Issue Fee DueA notice by the USPTO that the application has been placed in a condition for allowance and that the issue fee must be paid within three months of the…
Notice of AppealA document filed in the trial court that informs the trial court that the party intends to appeal the lower court’s decision.
noveltyNew; not anticipated by (taught by) the prior art. MPEP 2131.
obvious to tryThe 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…
ObviousnessA characteristic that makes an invention predicable to a person having ordinary skill in the art who has knowledge of all of the prior art.
Offer to SellAn 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…
office actiona letter from a trademark examining attorney setting forth the legal status of a trademark application.
Official GazetteA publication of the USPTO in which new patents and trademarks are announced. Published weekly in two editions, one for patents and one for trademarks.
Old ApplicationAn application that, having been acted on by an Examiner, has, in turn, been acted on by the applicant. MPEP 203.03.
One-Year Grace PeriodThe 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…
Open for Public InspectionThe date upon which a patent application is first made available to the public.
Opinion, PatentabilityAn 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…
Opinion, ValidityAn 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…
OppositionA 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…
ordinary skill in the artThe level of technical knowledge, experience, and expertise possessed by the run-of-the-mill or ordinary engineer, scientist, or designer in the…
Original Application"Original" is used in the patent statute and rules to refer to an application which is not a reissue application.
Parent ApplicationThe term "parent" is applied to an earlier application of the inventor disclosing a given invention --see MPEP 201.04 for more