Patent — page 4 of 5

Patent terms

301. Paris Convention See Convention.
302. patent A grant to an inventor of the right to exclude others, for a limited time, from making, using, or selling his invention in the United States.
303. Patent Agent A person who is not an attorney who can legally represent an inventor or applicant in dealing with a patent office. MPEP 401.
304. Patent Application -- see application (patent) -- see How to Get a Patent for guides for each type of patent application
305. Patent Attorney A person who is an attorney who can legally represent an inventor or applicant in dealing with a patent office. MPEP 401.
306. Patent Cooperation Treaty (PCT) A treaty that set up a system for searching and, optionally, examination of patent applications.
307. Patent Examiner See Examiner.
308. Patent Family A patent family is the same invention disclosed by a common inventor(s) and patented in more than one country. -- see patent family
309. Patent Marking The marking of a patent-pending item "Patent Pending" or marking a patented item with one or more of the patent numbers.
310. Patent Misuse See Misuse.
311. Patent Number unique number assigned to a patent application when it issues as a patent -- see list -- see patent numbering formats for an explanation of the codes that…
312. Patent Owner The owner of patent property rights.
313. Patent Pending A phrase that often appears on manufactured items. It means that someone has applied for a patent on an invention that is contained in the manufactured…
314. Patent Search 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…
315. Patent Term The period during which a patent is valid.
316. Patent Watch The process of continuously monitoring newly published patent applications and issued patents in a particular field.
317. Patentability The issue of whether an invention is capable of being patented in a particular jurisdiction.
318. patentability search A search of existing patents and, perhaps, other publications to determine if the invention is novel and non obvious and thus patentable.
319. Patentable suitable to be patented; entitled by law to be protected by the issuance of a patent.
320. Patentable Subject Matter An invention that is capable of bing patented.
321. patentee the person to whom a patent was issued.
322. Patentschrift A granted German patent application.
323. PCT (Patent Cooperation Treaty) created a patent application that is standardized across the nations that signed it, which allows patent applicants to simultaneously seek protection for…
324. Pending The status of a patent application that occurs before either an application is abandoned (withdrawn) or a patent issues.
325. Pending Patent Application A patent application that is pending. See Pending.
326. Person Skilled in the Art A fictitious person who has knowledge of all prior art and who has ordinary skill in the art to which the invention pertains. MPEP 2141.03.
327. Petition Petition refers to the Form I-129 that is filed with USCIS by a prospective H-1B employer seeking approval to employ an H-1B worker and its accompanying…
328. Petition for Extension of Time A petition requesting an extension of the time period for response to an Office action. Payment of a fee is sometimes required. MPEP 710.02(e).
329. Petition to Revive A petition that a patent application be revived from either unintentional or unavoidable abandonment. MPEP 711.03(c).
330. PetitionforCertiorari A petition to the U.S. Supreme Court to review the decision of a lower court.
331. Pioneer Invention An invention that breaks new ground in a technological art or that creates a new art.
332. Pioneer Patent A patent on an invention that breaks new ground in a technological art or that creates a new art.
333. plant patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. --see also patent
334. preamble The formal introductory clause of a patent claim. Depending on the circumstances, the preamble may or may not define a narrowing element of the claim.
335. Preamble of Claim The part of the claim that precedes the transitional phrase. Often the preamble states the purpose of the invention, as in "A device for transporting cars…
336. Precedent Laws established by previous cases which must be followed in actions involving identical circumstances. See stare decisis in Foreign Words Glossary.
337. preferred embodiment The preferred embodiment of an invention can usually be interpreted as being recited as the best mode known to the inventor of carrying out the invention.
338. prejudgment interest In patent litigation, prejudgment interest is interest on monetary judgment against an infringer awarded to a prevailing party measured from the date of…
339. Preliminary Amendment An amendment to a patent application filed simultaneously with the filing of the patent application or an amendment to a patent application filed before…
340. Preliminary Examination A preindictment hearing at which the prosecutor must present evidence sufficient to establish probable cause that a federal offense was committed and that…
341. Preliminary Examination Report A report notifying an applicant of the results of an International Preliminary Examination. MPEP 1860.
342. Preliminary Statement In an interference proceeding, a statement made under oath that sets out who made an invention and where and when it was made. MPEP 2321, MPEP 2322.
343. Presumption of Validity An presumption that a patent issued by a patent office is valid.
344. Prima facie On the face of it; at first view.
345. Printed Matter A publication. MPEP 2128
346. prior art it's what we live for! It is technology or knowledge of technology, existing in the public domain, in the form of existing patents, trade publications…
347. Prior Art Reference See MPEP 900 for information
348. Prior Public Use Display of an unpatented invention under circumstances in which the invention enters the public domain. MPEP 2133.01(a).
349. prior-art statement Also known as an information disclosure statement, this is a document filed in the U.S.
350. priority The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money…
351. Priority Date The filing date of the first patent application disclosing an invention, which filing date has occurred no more than 12 months before the filing date of a…
352. Priority Document A certified copy of a patent application filed no more than 12 months before the filing date of the later-filed application claiming the priority date of…
353. Pro se Applicant An applicant for patent (inventor) who is representing himself/herself. MPEP 401, MPEP 707.07(j).
354. process A method of making something, a process of operating something or a process of using something. Under U.S. law, one of the statutory classes of inventions.
355. Product A machine, an article of manufacture or a composition of matter. See Machine, Article of Manufacture, Composition of Matter. MPEP 2106.
356. Product By Process Claim A patent claim that describes a product invention by descibing the process that is used to make it.
357. Product of Nature A thing occurring in nature that is substantially unaltered by Man. An essentially pure culture of a microorganism does not occur in nature and is not…
358. profits Direct recovery of the patent infringer's profits is not possible in a case of infringement of a utility patent, but may, under proper circumstances, be…
359. Prolix Claim A claim that contains long recitations or unimportant details that render the claim indefinite. MPEP 2173.05(m).
360. property For this survey, property means real estate; that is, land and anything permanently affixed to the land, such as buildings and those things attached to…
361. proprietary information Information that is not generally known and that has competitive value, e.g., trade secrets and business information not generally known.
362. prosecution The process of fact finding and negotiation of patent claim language that occurs during the time that a patent application is pending and under…
363. Prosecution History The history of the prosecution of a patent application. See Prosecution.
364. prosecution history estoppel the other side of the coin from doctrine of equivalence; in patent infringement lawsuits, it tends to favor the accused infringer.
365. Protest A communication by a member of the public to a patent office arguing and providing evidence that the granting of a patent would be improper. MPEP 1901.
366. Provisional Application A type of U.S. utility patent application that is used to establish priority of invention. It need not contain a claim and cannot issue as a patent.
367. PTO Patent and Trademark Office, former designation for USPTO also a type of form designation for forms generated by the USPTO (as in PTO-892)
368. PTO (Patent and Trademark Office) the government agency, located in Arlington, Virginia, that is responsible for issuing patents.
369. Public Sale A sale or offer to sell an invention to a member of the public. A sale need not be public to bar a patent under U.S. law. MPEP 2133.03, MPEP 2133.03(b).
370. Public Use Utilization of a completed invention in a nonexperimental manner in public, i.e.
371. publication Any document that is available to the public anywhere in the world. MPEP 2128, MPEP 2128.01, MPEP 2128.02.
372. Published Application A patent application that has been published by a patent office during its prosection (before issue).
373. Published Patent Application See Published Application.
374. Quayle Action An action requiring correction of informalities after an application is otherwise in condition of allowance. MPEP 714.14, MPEP 706.07(f), MPEP 710.02(b).
375. Rationale for Patentability The reasoning behind a decision that a claimed invention is patentable. MPEP 1302.14.
376. Reads On A claim includes within its scope certain subject matter.
377. reduction to practice The physical part of the inventive process that completes the process of invention. Until there is a reduction of practice, there is no invention.
378. Reduction to Practice, Actual 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…
379. Reduction to Practice, Constructive 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…
380. Reexamination 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.
381. reference A document that discloses subject matter that is material to a determination of the patentability of a claimed invention. MPEP 2126, MPEP 2126.
382. Reference Character A numeral or letter used to identify an element on a patent drawing.
383. Reinstatement The process by which a life insurance company puts a policy back in force after it lapsed because of nonpayment of renewal premiums.
384. Reissue The issue of a patent that was issued previously in order to correct an error in the patent. MPEP 1401, MPEP 1402.
385. Reissue Application an application for a patent to take the place of an unexpired patent that is defective in one or more particulars (items or details) --see MPEP 201.
386. Reissue Patent A corrected U.S. patent that issues from an allowed reissue application. MPEP 1401, MPEP 1402, MPEP 1403.
387. rejection The refusal of a patent Examiner to allow a claim based on specific legal grounds. MPEP 706, MPEP 706.01.
388. Rejection, Final A rejection of a claim that occurs on the second or any subsequent examination of its patentability.
389. Renewal Fee The periodic fee charge by a patent office for maintaining a patent in force. MPEP 2501, MPEP 2504, MPEP 509.
390. Request for Reconsideration 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.
391. request for reexamination 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…
392. restriction if two or more independent and distinct inventions are claimed in a single application, the examiner may require the applicant to elect (designate) a…
393. restriction requirement This occurs when an examiner concludes that a patent application claims two or more independent and distinct inventions.
394. Revival of Abandoned Application To reinstate a patent application that has been abandoned (relinquished), either by express abandonment or by inaction.
395. Revocation Withdrawing the protections associated with a patent grant.
396. Right of Priority The right to priority of invention established by filing the first patent application in an appropriate patent office. MPEP 201.13, MPEP 201.
397. Routineer A person having ordinary skill in an art. See Person Skilled in the Art.
398. royalty Payment for use of an invention, usually a stated percentage of sales.
399. royalty (reasonable royalty) A hypothetical royalty fee used as a measure of damages to compensate for the infringement of a patent.
400. search See Compliance Search, Concept Search, Contextual Search, Boolean Search, Full-Text Search, Fuzzy Search, Index, Keyword Search, Pattern Recognition…