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| Terms: |
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Parent Application: The term
"parent" is applied to an earlier application of an inventor disclosing
a given invention. Such invention may or may not be claimed in the first
application. Benefit of the filing date of copending parent application
may be claimed under 35 U.S.C. 120. The term parent will not be used to
describe a provisional application. |
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Paris Convention: The Paris Convention,
established as a result of the efforts of inventors and industrialists,
is an example of an attempt at uniform treatment of trademark owners and
international trademark law. The initial objective of the convention was
"the creation of a union which, without encroaching on the municipal law
of the contracting countries, would lay down a number of general
principles securing the interests of industrial property in the interior
of a country as well as abroad." Ladas, Stephen P., Patents, Trademarks,
and Related Rights, National and International Protection, Harvard
University Press, 1975, p. 63.The two key principles set by the Paris
Convention are the right of national treatment (Article 2) and the right
of priority (Article 4). The right of national treatment obligates each
country to which the Convention applies ("countries of the Union") to
accord to the nationals of all other countries of the Union treatment no
less favorable than the treatment it accords to its own
nationals. The right of priority permits applicants to claim the benefit
of a filing date (called the priority filing date) in one Paris country
with regard to applications filed in another country of the Union within
the applicable period. This permits the applicant to avoid the effects
of actions that may have occurred subsequent to the priority filing
date. |
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Partial Views:
When filing a patent application a drawing with a partial view may be
necessary, a view of a large machine or device in its entirety may be
broken into partial views on a single sheet, or extended over several
sheets if there is no loss in facility of understanding the view.
Partial views drawn on separate sheets must always be capable of being
linked edge to edge so that no partial view contains parts of another
partial view. A smaller scale view should be included showing the whole
formed by the partial views and indicating the positions of the parts
shown. When a portion of a view is enlarged for magnification purposes,
the view and the enlarged view must each be labeled as separate views. |
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Patent: A property right granted by the
Government of the United States of America to an inventor “to exclude
others from making, using, offering for sale, or selling the invention
throughout the United States or importing the invention into the United
States” for a limited time in exchange for public disclosure of the
invention when the patent is granted. |
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Patent And Trademark Depository Library:
The Patent and Trademark Depository Library Program is comprised of a
network of Patent and Trademark Depository Libraries (PTDLs) located in
the 50 states, the District of Columbia, and Puerto Rico which provide
access to many of the same products and services offered at the USPTO
search facilities in Arlington, VA. Such as receive copies of patents,
CD-ROMs containing registered and pending marks, and patent and
trademark materials that are made available to the public for free. The
libraries also actively disseminate patent and trademark information and
offer internet access to USPTO's online collections. The scope of PTDL
collections, hours of operation, services, and fees (where applicable)
vary depending on PTDL location. Users are advised to call ahead to
determine products and services available at a particular PTDL. PTDLs
also offer automated access to patent and trademark information. All
PTDLs offer free access to the Cassis CD-ROM series search tools to
assist patrons in the use of patent and trademark collections. Please
refer to the USPTO’s Web site for a complete list of PTDLs. |
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Patent And Trademark Office (USPTO): The
PTO promotes industrial and technological progress in the United States
and strengthens the national economy by: Administering the laws relating
to patents and trademarks; Advising the Secretary of Commerce, the
President of the United States, and the administration on patent,
trademark, and copyright protection; Advising the Secretary of Commerce,
the President of the United States, and the Administration on the
trade-related aspects of intellectual property. The United States Patent
and Trademark Office (USPTO or Office) is the government agency
responsible for examining patent applications and issuing patents. A
patent is a type of property right. It gives the patent holder the
right, for a limited time, to exclude others from making, using,
offering to sell, selling, or importing into the United States the
subject matter that is within the scope of protection granted by the
patent. The USPTO determines whether a patent should be granted in a
particular case. However, it is up to the patent holder to enforce his
or her own rights if the USPTO does grant a patent. |
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Patent Application:
A non-provisional
utility patent application must include a specification, including a
claim or claims; drawings, when necessary; an oath or declaration; and
the prescribed filing fee. |
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Patent Application Publication: Pre-Grant
Publication of patent application at 18 months from priority date. |
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Patent Classification: There
are over 400 classes in the U.S. Patent Classification System, each
having a title descriptive of its subject matter and each being
identified by a class number. Each class is subdivided into a number of
subclasses. Each subclass bears a descriptive title and is identified by
a subclass number. The subclass number may be an integral number or may
contain a decimal portion and/or alpha characters. A complete
identification of a subclass requires both the class and subclass number
and any alpha or decimal designations; e.g., 418/161.2A identifies Class
418, Subclass 161.2A. |
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Patent
Cooperation: Provides a mechanism by which an applicant can file a
single application that, when certain requirements have been fulfilled,
is equivalent to a regular national filing in each designated
Contracting State. There are currently over 112 PCT Contracting States. |
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Patent Disclosure: The specification shall
contain a written description of the invention, and of the manner and
process of making and using it, in such full, clear, concise, and exact
terms as to enable any person skilled in the art to which it pertains,
or with which it is most nearly connected, to make and use the same, and
shall set forth the best mode contemplated by the inventor of carrying
out his invention. |
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Patent Drawing: The applicant
shall furnish a drawing where necessary for the understanding of the
subject matter to be patented. When the nature of such subject matter
admits of illustration by a drawing and the applicant has not furnished
such a drawing, the Commissioner may require its submission within a
time period of not less than two months from the sending of a notice
thereof. Drawings submitted after the filing date of the application may
not be used (i) to overcome any insufficiency of the specification due
to lack of an enabling disclosure or otherwise inadequate disclosure
therein, or (ii) to supplement the original disclosure thereof for the
purpose of interpretation of the scope of any claim. |
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Patent Infringement: Unauthorized making,
using, offering to sell, selling or importing into the United States any
patented invention. |
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Patent Law: Title 35 of the United States
Code (USC). |
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Patent Number: Unique number assigned to a
patent application when it issues as a patent. |
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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 item. It
serves as a warning that a patent may issue that would cover the item
and that copiers should be careful because they might infringe if the
patent issues. Once the patent issues, the patent owner will stop using
the phrase "patent pending" and start using a phrase such as "covered by
U.S. Patent Number XXXXXXX." Applying the patent pending phrase to an
item when no patent application has been made can result in a fine. |
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Patent Prior Art: All patents subject
matter bearing on the novelty and non-obviousness of a claimed invention
pursuant to 35 U.S.C. Sections 102 and 103. |
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Patent Rules: Section 37 of the Code of
Federal Regulations (CFR). |
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Patentable: Suitable to be patented;
entitled by law to be protected by the issuance of a patent. |
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Patentability: An invention has
patentability it is new, useful and non-obvious. |
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Patentability Search: The objective of any
preliminary patentability search is to discover issued “prior art”
United States patents which is similar to the invention being
investigated so that a judgment can be made as to the potential for
obtaining patent protection. Basically, there are two (2) main types of
patents, (i.e., utility patents and design patents). When possible, a
patentability search is directed to both utility and design features of
an invention so that a determination can be made as to which type of
patent protect made be available. |
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Patentee: The person to whom a patent
issues; in the U.S., the inventor(s) is named, even though the patent
may be assigned to another. The patent must issue before the person can
be considered a patentee. |
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Pending Application: The state an
application is in during the time that a patent application is examined
or is in the process of an appeal. An application is no longer pending
after it is abandoned or a patent has issued. |
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Person: 7 CFR 1.27(a)(1) defines a person
as any inventor or other individual (e.g., an individual to whom an
inventor has transferred some rights in the invention), who has not
assigned, granted, conveyed, or licensed, and is under no obligation
under contract or law to assign, grant, convey, or license, any rights
in the invention. An inventor or other individual who has transferred
some rights, or is under an obligation to transfer some rights in the
invention to one or more parties, can also qualify for small entity
status if all the parties who have had rights in the invention
transferred to them also qualify for small entity status either as a
person, small business concern, or nonprofit organization.
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Plant Patent: May be granted to anyone who
invents or discovers and asexually reproduces any distinct and new
variety of plant. |
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Power Of Attorney: A written document
signed by a person giving another person the power to act in conducting
the signer's business, including signing papers, checks, title
documents, contracts, handling bank accounts and other activities in the
name of the person granting the power. The person receiving the power of
attorney (the agent) is "attorney in fact" for the person giving the
power. There are two types of power of attorney: a) general power of
attorney, which covers all activities, and b) special power of attorney,
which grants powers limited to specific matters, such as selling a
particular piece of real estate, handling some bank accounts or
executing a limited partnership agreement. A power of attorney may
expire on a date stated in the document or upon written cancellation.
Usually the signer acknowledges before a notary public that he/she
executed the power, so that it is recordable if necessary, as in a real
estate transaction. |
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Prior Art: Prior art references include
any source from anywhere such as patents, publications and the like. If
there is prior that teaches, motivates or suggests an invention the
invention is not patentable. |
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Priority Date: a) In accordance with the
conditions and requirements of subsections (a) through (d) of section
119 of this title, a national application shall be entitled to the right
of priority based on a prior filed international application which
designated at least one country other than the United States. |
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Priority Claim: Claims under 35 USC
119(a)-(e) and 35 USC 120 for the benefit of the filing date of earlier
filed applications. |
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Product By Process Claim:
A product claim
that defines the claimed product in terms of the process by which it is
made. |
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Pro Se: A term used to designate an
independent inventor who has elected to file an application by
themselves without the services of a licensed representative. |
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Prosecution: The process of making
amendments, statements, arguments, and representations to the USPTO for
the purpose of obtaining a patent is usually referred to as patent
prosecution. |
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Prosecution History: Comprises all
documents produced by both the examiner and applicant in course of
obtaining a patent. |
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Prosecution History Estoppel: This
doctrine relates to the amendments, statements, arguments, and
representations made by the patent applicant during the course of
obtaining a patent. Any statement that limits the scope of the patent
made for "a reason related to patentability" is binding and the
applicant will be forbidden (estopped) from later attempting to argue
that the limitation does not exist. |
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Provisional Patent Application: A
provisional application for patent is a U. S. national application for
patent filed in the USPTO under 35 U.S.C. §111(b). It allows filing
without a formal patent claim, oath or declaration, or any information
disclosure (prior art) statement. It provides the means to establish an
early effective filing date in a non-provisional patent application
filed under 35 U.S.C. §111(a) and automatically becomes abandoned after
one year. It also allows the term "Patent Pending" to be applied.
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Provisional Patent Application Term:
Provisional application for patent (provisional application) has a pendency lasting 12 months from the date the provisional application is
filed. The 12-month pendency period cannot be extended. Therefore, an
applicant who files a provisional application must file a corresponding
non-provisional application for patent (non-provisional application)
during the 12-month pendency period of the provisional application in
order to benefit from the earlier filing of the provisional application. |
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Public Domain: Intellectual property that
is not owned by anyone and is commonly used by the pubic is said to be
in the Public Domain.
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Publication Number: A number assigned to
the publication of patent applications filed on or after November 29,
2000. It includes the year, followed by a seven-digit number, followed
by a kind code.
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Public Knowledge: The statute
(35 U.S.C. § 102(a)), states that “a person shall be entitled to a
patent unless: (a) the invention was known or used by others in this
country,” means knowledge or use that is accessible to the public.
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Publication: The distribution or
disclosure in a form, which is readily accessible or distributed to the
public of copies, audio recordings or any creative work.
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Publication Of A Patent: The "American Inventors
Protection Act of 1999" provides for the publication of a U.S. patent
application after the expiration of eighteen months from the earliest
filing date to which a claim of priority is made. The eighteen-month
publication rules apply to U.S. patent applications filed on or after
November 29, 2000, and to U.S. applications resulting from international
applications filed on or after November 29, 2000.
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