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| Terms: |
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Field of Invention: The area of technology that an
inventor invents within. Also called technical field or field of
endeavor. |
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Field Of Use License: A restrictive license of
intellectual property granted to a licensee. The license will limit use
to a specific market or technology and is delineated as a "field of use
restriction". |
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File Wrapper: The folder in which the U.S. Patent and
Trademark Office maintains the application papers is referred to as a
file wrapper. |
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File Wrapper Continuing Application: a continuation,
continuation-in-part, or divisional application filed under 37 CFR 1.62,
which uses the specification, drawings and oath or declaration from a
prior nonprovisional application, which is complete as defined by 37 CFR
1.51(a)(1). |
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Filing Date: The date of receipt in the Office of an
application which includes (1) a specification containing a description
and, if the application is a nonprovisional application, at least one
claim, and (2) any required drawings. |
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Filing Fee: The latest fee schedule is available by
contacting the USPTO at 1-800-PTO(786)-9199 or (703) 308-HELP(4357), or
on the USPTO web page at http://www.uspto.gov. |
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Final Rejection: On the second or any subsequent
examination or consideration by the examiner the rejection or other
action may be made final. |
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First To Invent: In the Us the patent is based on who
is the first to invent. Dates of conception, reduction to practice, and
who was first to come up with an invention are the most important. Other
countries around the world make use of a "first-to-file" standard. |
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Foreign Filing License: A foreign patent license
allows the inventor to file a foreign application based on the
application pending before the Patent Office, and must be accomplished
within the first six months after filing a U.S. patent application.
Under the statute ( 35 U.S.C. 119(b)), an applicant who wishes to secure
the right of priority must comply with certain formal requirements
within a time specified. If these requirements are not complied with the
right of priority is lost and cannot thereafter be asserted. For
non-provisional applications filed prior to November 29, 2000, the
requirements of the statute are (a) that the applicant must file a claim
for the right and (b) he or she must also file a certified copy of the
original foreign application; these papers must be filed within a
certain time limit. A U.S. patent is barred if the applicant filed a
patent application in a foreign country more than one year before the
U.S. filing date, and the foreign application issued prior to the U.S.
filing date. |
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Frivolous Invention: An invention that has no use.
Patents are not granted for all new inventions and discoveries. The
subject matter of the invention or discovery must come within the
boundaries set forth by 35 U.S.C. 101, which permits patents to be
granted only for "any new and useful process, machine, manufacture, or
composition of matter, or any new and useful improvement thereof." |
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