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February 26, 2010
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Patent Terms and Definitions

 

 

Abandon: The explicit or implicit relinquishment of a potential patent right. Simple inaction may render a patent right abandoned

Affidavit: A signed statement (filed with the patent office) putting appropriate facts or opinions on record.

Author: Writer of an article, chapter or other complete work. Some articles, proceedings, or books have multiple authors. In such cases, the first author specified in the reference may be called the primary author or the senior author. The names of the authors following that of the primary author are referred to as the secondary or co-authors. Corporations, government agencies and associations may also be listed as authors of a work.

Basic Patent: The first published patent

Beilstein: A major structure and factual database in organic chemistry.

C?: Clinical Unknown Phase from IDdb. In clinical development, but the phase is unknown.

C1: Phase I (IDdb). Initial toxicity testing in healthy volunteers (except for drugs that are potential treatments for life-threatening diseases such as cancer and HIV, which go straight into subjects suffering from the target disease).

C2: Phase II (IDdb). Small-scale testing in the target population, to assess therapeutic effects and to establish dose levels for phase III trials.

C3: Phase III (IDdb). Large-scale trials in patients, usually at several centers, double blind and randomized. May also be compared to other agents.

Citation: the examiner or author may make Citations. They comprise a list of references that are believed to be relevant prior art and which may have contributed to the "narrowing" of the original application. The examiner can also cite references from technical journals, textbooks, handbooks and sources.

Citation Counts: Citation counts are a formal acknowledgement of intellectual debt to earlier patents and previously published scientific research papers. They are an important indicator of how new patents are linked to earlier patents and scientific papers.

Claim(s): The definition of the monopoly rights that the applicant is trying to obtain for the invention. The claims become the actual monopoly that is given when/if the patent is granted.

Copyright: The legal right granted to an author, editor or publisher of an article, chapter or complete work. Copyright applies to intellectual property in a variety of artistic fields and attempts to be format-neutral.

Defensive publication: A publication and disclosure to the public of a pending patent application.

Design Patent: A type of patent covering the shape characteristics of an object

Disclosure: The first public disclosure of details of an invention. This may be: deliberately revealed outside the patent system to make the invention unpatentable, or what is described in a patent application

First to file: The applicant who is the first to file an application for an invention will be awarded the patent over all others. This law is becoming increasingly the standard for countries adhering to Trade-Related aspects of Intellectual Property (TRIPs) guidelines.

First to invent: In some countries, the applicant who is the first to invent will be awarded the patent over all others.

Infringe: To make, use or sell the patented item or process within the country covered by the patent, without permission or license from the patentee.

Intellectual property: Intellectual property refers to creations — including inventions, artistic works, names and designs — that are legally protected. Intellectual property includes patents, copyrights, trademarks and trade secrets

Inventor: Inventor names are recorded for all patents. These appear in the standard last name-initial(s) format.

Novel: A patent must be new or original. That is, the invention must never have been made in public in any way, anywhere, before the date on which the application for a patent is filed.

Novelty: The concept that the claims must be totally new. The invention must never have been made public in any way, anywhere, before the date on which the application for a patent is filed.

Patent: A patent is a document that defines the right by law for inventors and assignees to make use of and exploit their inventions for a limited period of time.

Pending: The period in which the patent office has not yet decided whether to reject or to grant a patent application, and it has not yet been withdrawn.

Status: The legal standing of a patent or patent application, i.e. whether it is pending, lapsed or still protected etc.

Term of patent: The maximum number of years that the monopoly rights conferred by the grant of a patent may last
 

Examination Copy
A copy of an international application filed under the Patent Cooperation Treaty maintained by the International Preliminary Examining Authority.

Declaration
A document in which an applicant for patent declares, under penalty of fine or imprisonment, or both (18 USC 1001), that he or she is the original or sole inventor.

Notice of Abandonment
A written notification from the USPTO that an application has been declared abandoned or, in other words, is no longer pending. If the application was abandoned unintentionally or due to Office error.

First to file
The applicant who is the first to file an application for an invention will be awarded the patent over all others.

Appeal (trademark)
An applicant who wants to contest a final refusal from an examining attorney may file an appeal to the Trademark Trial and Appeal Board.

Express Mail Mailing Label
Patent correspondence delivered to the USPTO via the "Express Mail Post Office to Addressee" service of the USPS which is considered filed in the Office on the date of deposit with the USPS.

Workflow
Workflow diagrams are a formal way to identify procedural steps and the logic employed in a process used to complete a task or job. Workflow diagrams include each interim step and product(s).

Nonprovisional Patent Application
An application for patent filed under 35 U.S.C. 111(a) that includes all patent applications (i.e., utility, design, plant, and reissue) except provisional applications.

Disclosure
In return for a patent, the inventor gives as consideration a complete revelation (describes it) or disclosure of the invention for which protection is sought.

Opposition Proceeding
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to prevent the issuance of a registration of a mark.

Contact our Virginia Patent Lawyer Now!

 

 
Did You Know?    
 
 
You may apply for a patent for your invention.
Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.

 


  Newsroom  
 


News about Patent cases in Virginia and nationwide:

Patent and Trademark Experts Advise Inventors and Entrepreneurs on Protecting Their Intellectual Property

Washington, D.C. - The Department of Commerce's United States Patent and Trademark Office (USPTO) and the National Inventor's Hall of Fame...

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Commerce Secretary Gutierrez Names New Members To Patent And Trademark Public Advisory Committees

The new members of the Patent Public Advisory Committee are:

Carl E. Gulbrandsen is managing director of the Wisconsin Alumni Rese...

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Frequently Asked Questions About Patents
1. What do the terms “patent pending” and “patent applied for” mean?A. They are used by a manufacturer or seller of an article to inform the p...
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More Patent News >

 
 

Patent Law Terms

 


Friday's Term

Arbitrary Marks

Definition:
Comprise words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient.

Certificate Of Registration

Definition:
Official document from the USPTO evidencing that a mark has been registered.

Generic Term

Definition:
Terms that the relevant purchasing public understands primarily as the common or class name for the goods or services.

More Patent Terms >

 

Patent Law Resources

 


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Patent Lawyer Hot Topics

 
Topics Related to Patents Law:

  • Trademarks & Patents
  • Patent Pending
  • Patent Regulations
  • Invention Patent
  • Patent Infringement Law

More Patent Topics >

Virginia Patent Attorney

 
If you live in the following cities and need an patent attorney you should contact our Patent Attorney as soon as possible:

  • Alexandria
  • Annandale
  • Arlington
  • Ashburn
  • Blacksburg
  • Burke
  • Centreville
  • Charlottesville
  • Chesapeake
  • Chester
  • Chesterfield
  • Christiansburg
  • Colonial Heights
  • Culpeper
  • Danville
  • Dumfries
  • Fairfax
  • Falls Church
  • Fredericksburg
  • Front Royal
  • Glen Allen
  • Hampton
  • Harrisonburg
  • Herndon
  • Hopewell
  • Leesburg
  • Lorton
  • Lynchburg
  • Manassas
  • Martinsville
  • Mc Lean
  • Mechanicsville
  • Midlothian
  • Newport News
  • Norfolk
  • Petersburg
  • Portsmouth
  • Powhatan
  • Radford
  • Reston
  • Richmond
  • Roanoke
  • Salem
  • Spotsylvania
  • Springfield
  • Stafford
  • Staunton
  • Sterling
  • Suffolk
  • Vienna
  • Virginia Beach
  • Waynesboro
  • Williamsburg
  • Winchester
  • Woodbridge
  • Yorktown
 


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