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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
 

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.

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

TEAS
Trademark Electronic Application System - USPTO's electronic filing system. It may be used to file a variety of documents with the USPTO, including new trademark applications, amendments to allege use.

DO
Designated Office - the national Office or intergovernmental organization of or acting for the Contracting State designated by the applicant under Chapter I of the Patent Cooperation Treaty.

Precautionary Designation
Designation of a Contracting State in an international application filed under the Patent Cooperation Treaty which must be confirmed prior to 15 months from the priority date.

Inventor
One 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 must be the inventor.

Copyrights
Protect works of authorship, such as writings, music, and works of art that have been tangibly expressed. The Library of Congress registers copyrights which last for the life of the author plus 70 years.

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.

Copyright
The legal right granted to an author, editor or publisher of an article, chapter or complete work.

Current Filing Basis
In applications under §§1 and 44 of the Trademark Act, the applicant may claim more than one basis, and may add or substitute a basis after filing the application.

Contact our Nebraska 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 Nebraska and nationwide:

New York Inventors Set New Patent Record
Russell W. Bessette, M.D., Executive Director of the New York State Office of Science, Technology and Academic Research (NYSTAR), today announced t...
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Internet Access to Patent Application Files Now Available

The Department of Commerce's U.S. Patent and Trademark Office (USPTO) has reached a major milestone in maximizing electronic tools to make...

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Functions of the United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is an agency of the U.S. Department of Commerce. The role of the USPTO is to grant ...
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Patent Law Terms

 


Friday's Term

Small Business Concern

Definition:
For purposes of small entity determination per MPEP 509.02 - any business concern meeting the size standards set forth in 13 CFR Part 121 to be eligible for reduced patent fees.

Opposition Proceeding

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

OG

Definition:
Official Gazette - weekly publication of the USPTO that includes regular and special notices of the Office.

More Patent Terms >

 

Patent Law Resources

 


Search Patent resources in our resource center:

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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 >

Nebraska Patent Attorney

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

  • Alliance
  • Beatrice
  • Bellevue
  • Blair
  • Columbus
  • Fremont
  • Gering
  • Grand Island
  • Hastings
  • Kearney
  • La Vista
  • Lexington
  • Lincoln
  • Norfolk
  • North Platte
  • Omaha
  • Papillion
  • Plattsmouth
  • Scottsbluff
  • South Sioux City
 


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