|
|
|
|
<<
back | next >>
|
|
|
|
|
|
| Terms: |
|
|
Effective Date: The date the patent is available as a
reference is generally the date that the patent becomes enforceable. |
|
back
to top
|
|
|
Election (PCT): An indication made by applicant, in
the Demand for an International Application filed under the patent
cooperation treaty, as to the Contracting States in which applicant
intends to use the results of the international preliminary examination. |
|
back
to top
|
|
|
Element: A discretely claimed component of a patent
claim. |
|
back
to top
|
|
|
Embodiment: A manner in which an invention can be
made, used, practiced or expressed. |
|
back
to top
|
|
|
Enablement: The specification in a patent application
must describe the invention in a manner that would enable one with
ordinary skill in the art to make and use the invention without an undue
amount of experimentation. |
|
back
to top
|
|
|
Enforceability Of Patent: The right of the patent
owner to bring an infringement suit against a party, who, without
permission, makes, uses or sells the claimed invention. The period of
enforceability of a patent is the length of the term of the patent plus
the six years under the statute of limitations for bringing an
infringement action. |
|
back
to top
|
|
|
Examination: The study of a patent application in the
governing patent and trademark office, by an examiner, to determine
whether or the invention described therein can be patented. The major
consideration the examiner addresses is the novelty and utility of the
invention, among other things. |
|
back
to top
|
|
|
Examiner: employees of the U.S. Patent & Trademark
Office who conduct prior art searches and determine whether the patent
application complies with the substantive and procedure requirements for
the grant of the patent. |
|
back
to top
|
|
|
Examiner’s Amendment: An informal examiner's
amendment may be used for the correction of obvious errors and omissions
only in the body of the written portions of the specification and may
only be made with pen by the examiner of the application who will then
initial in the margin and assume full responsibility for the change. |
|
back
to top
|
|
|
Exclusive License:
an agreement granted by a patent
owner to one party, exclusive right of usage. The licensee is said to
"own" the rights granted in the license as long as the licensee holds up
to the agreement as stated within the licensing contract. |
|
back
to top
|
|
|
Execute: The signing of an oath or declaration, and
swearing to that oath as required by law. |
|
back
to top
|
|
|
Ex Partes Reexamination:
At any time during the
enforceability of a patent any person may file a request for the USPTO
to conduct a second examination of any claim of the patent on the basis
of prior art patents or printed publications which that person states to
be pertinent and applicable to the patent and believes to have a bearing
on the patentability. If the request for ex parte reexamination is filed
by a third party and not the patent owner, the third party may not
participate in the ex parte proceedings beyond the filing of a reply to
the patent owner's statement under §1.530, if the patent owner files a
statement. No other reply or submission by a third party will be
considered in ex parte reexamination. |
|
back
to top
|
|
|
Expiry: The date when the invention is no longer
protected and or when an invention's patent protection lapses. This may
correspond with the end of the "term" of the patent. |
|
back
to top
|
|
|
Express Abandonment: A patent application may be
expressly abandoned by filing a written declaration of abandonment
identifying the application in the United States Patent and Trademark
Office. Express abandonment becomes effective when an appropriate
official of the Office takes action thereon. Express abandonment of the
application may not be recognized by the USPTO before the date of issue
or publication unless it is actually received by appropriate officials
in time to act. Abandonment may be either of the invention or of an
application. An abandoned application, in accordance with 37 CFR 1.135
and 1.138, is one which is removed from the USPTO docket of pending
applications. |
|
back
to top
|
|
|
Express Mail Mailing Label: Patent correspondence
delivered to the USPTO via the "Express Mail Post Office to Addressee"
service of the United States Postal Service (USPS) which is considered
filed in the Office on the date of deposit with the USPS, shown by the
"date-in" on the "Express Mail" mailing label. |
|
back
to top
|
|
