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January 05, 2009
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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
 

Disclosure Document
A document disclosing an invention, and signed by the inventor or inventors, that is forwarded to the USPTO only as evidence of the date of conception of the invention.

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

Common Inventor
An inventor whose name is listed on multiple patent applications or granted patents, making the inventions at least partially the work of the same person.

Patent Application Publication
Pre-Grant Publication of patent application at 18 months from priority date.

Abandonment
A patent application becomes abandoned for failure to file a complete and proper reply as the condition of the application may require within the time period.

Examining Attorney
A USPTO employee who examines (reviews and determines compliance with the legal and regulatory requirements of) an application for registration of a federally registered trademark

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.

National Stage Application
An application which has entered the national phase of the Patent Cooperation Treaty by the fulfillment of certain requirements in a national Office, which is an authority entrusted with the granting of national or regional patents.

Citation
the examiner or author may make Citations

Amendment To Allege Use
A sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce.

Contact our Indiana Patent Lawyer Now!

 

 
Did You Know?    
 
 
A patent protects your invention.
A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

 


  Newsroom  
 


News about Patent cases in Indiana and nationwide:

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...
Read more >


Commerce Secretary Gutierrez Names New Members To Patent And Trademark Public Advisory Committees

The new members of the Patent Public Advisory Committee are:

Carl E. Gulbrandsen is managing director of the Wisconsin Alumni Rese...

Read more >


CDC Announces Issuance of Patent for Detecting the Presence of Lead

"This invention is important because it can help protect workers from lead poisoning," says Andrew Watkins, director, CDC's technology tra...

Read more >


More Patent News >

 
 

Patent Law Terms

 


Monday's Term

Domestic Representative

Definition:
A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States.

Contracting Party

Definition:
A country or intergovernmental organization that is a member of the Madrid Protocol.

Combination Patent

Definition:
A patent granted for an invention that unites existing components in a novel way.

More Patent Terms >

 

Patent Law Resources

 


Search Patent resources in our resource center:

More Patent Law Resources >

 

Patent Lawyer Hot Topics

 
Topics Related to Patents Law:

  • Trademarks & Patents
  • Patent Pending
  • Patent Regulations
  • Invention Patent
  • Patent Infringement Law

More Patent Topics >

Indiana Patent Attorney

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

  • Bloomington
  • Brownsburg
  • Carmel
  • Columbus
  • Connersville
  • Crawfordsville
  • Crown Point
  • East Chicago
  • Elkhart
  • Evansville
  • Fishers
  • Fort Wayne
  • Franklin
  • Goshen
  • Granger
  • Greenfield
  • Greenwood
  • Hobart
  • Huntington
  • Indianapolis
  • Jeffersonville
  • Kokomo
  • La Porte
  • Lafayette
  • Logansport
  • Marion
  • Martinsville
  • Merrillville
  • Michigan City
  • Mishawaka
  • Muncie
  • New Albany
  • New Castle
  • Newburgh
  • Noblesville
  • Peru
  • Plainfield
  • Portage
  • Richmond
  • Seymour
  • Shelbyville
  • South Bend
  • Terre Haute
  • Valparaiso
  • Vincennes
  • West Lafayette
 


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