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February 06, 2012
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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
 

CD
A type of form designation such as Form CD435, meaning a Commerce Department form.

LIE
Legal Instruments Examiner - a position classification for USPTO employees charged with docketing cases and other administrative processing that support the workflow and examination of applications.

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.

Registration
Federal registration of trademarks involves the establishment of rights in a mark based on legitimate use of the mark. Although federal registration of trademarks is not required to use a trademark.

Certificate Of Registration
Official document from the USPTO evidencing that a mark has been registered.

Electronic File Wrapper
System that provides a way to access electronic copies of the correspondence, documents and other pertinent records used in considering a particular case.

Patent Family
A patent family is the same invention disclosed by a common inventor(s) and patented in more than one country.

Registration Number
A registered patent attorney/agent is assigned a registration number that they must include on patent correspondence and forms when representing others before the USPTO.

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.

Assignor
The owner of record of a patent application, patent, trademark application or trademark registration who is transferring ownership to another entity (assignee)

Contact our Massachusetts Patent Lawyer Now!

 

 
Did You Know?    
 
 
There is a time limit on patent protection.
For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

 


  Newsroom  
 


News about Patent cases in Massachusetts 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...

Read more >


Patent and Trademark Public Search Facility To Open at Agency’s New Headquarters
Trained staff is available to assist public users. Computer workstations provide automated searches of more than 6.7 million patents issued from 17...
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USPTO Releases Annual List Of Top 10 Organizations Receiving Most U.S. Patents

In 2003, the U.S. companies included on the list of top 10 patenting organizations are International Business Machines Corporation, Hewlet...

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More Patent News >

 
 

Patent Law Terms

 


Monday's Term

Doctrine Of Equivalents

Definition:
A judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims.

Inventor

Definition:
Inventor names are recorded for all patents.

Drawing

Definition:
Patent drawings must show every feature of the invention as specified in the claims. Omission of drawings may cause an application to be considered incomplete.

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 >

Massachusetts Patent Attorney

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

  • Amherst
  • Attleboro
  • Beverly
  • Boston
  • Brighton
  • Brockton
  • Chelsea
  • Everett
  • Fitchburg
  • Framingham
  • Holyoke
  • Lawrence
  • Leominster
  • Lynn
  • Malden
  • Marlborough
  • Medford
  • Methuen
  • New Bedford
  • Peabody
  • Pittsfield
  • Plymouth
  • Quincy
  • Revere
  • Salem
  • Taunton
  • Westfield
  • Woburn
 


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