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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
 

Notice of Allowance and Fees Due
NOA, a notification to the applicant that they are entitled to a patent under the law and requesting payment of a specified issue fee within three months from the mailing date of the notice of allowance.

Notice Of Publication
A written statement from the USPTO notifying an applicant that its mark will be published in the Official Gazette. If the examining attorney assigned to an application raises no objections to registration.

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

Design Patent
May be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Joint Inventor
An inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception of the invention set forth in at least one claim in a patent application.

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

NPL
Non Patent Literature -- documents and publications that are not patents or published patent applications but are cited as references for being relevant in a patent prosecution.

Divisional Application
A later application for an independent or distinct invention disclosing and claiming (only a portion of and) only subject matter disclosed in the earlier or parent application.

Nonprovisional Patent Application
An application for patent filed under 35 U.S.C. 111(a) that includes all patent applications (i.e., utility, design, plant, and reissue) except provisional applications.

Office Action
A letter from a trademark examining attorney setting forth the legal status of a trademark application. There are several types of Office actions: examiner’s amendments, priority actions, and suspension inquiry letters.

Contact our Maryland Patent Lawyer Now!

 

 
Did You Know?    
 
 
Your invention may already be patented.
Public users may perform preliminary searches of patent information in a variety of formats including on-line, microfilm, and print at the United States Patent and Trademark Office (USPTO) Public Search Facility located in Alexandria, VA. State of the art computer workstations provide automated searching of patents issued from 1790 to the current week of issue. Full document text may be searched on U.S. patents issued since 1971 and OCR text from 1920 to 1970. U.S. patent images from 1790 to the present may be retrieved for viewing or printing. Some foreign patent documents are available.

 


  Newsroom  
 


News about Patent cases in Maryland and nationwide:

Hatch Introduces Patent Reform Legislation
Washington – Last week, Intellectual Property Subcommittee Chairman Sen. Orrin G. Hatch (R-Utah) and the subcommittee’s top Democrat, Senator Patri...
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...
Read more >


Frequently Asked Questions About Patents
1. What do the terms “patent pending” and “patent applied for” mean?A. They are used by a manufacturer or seller of an article to inform the p...
Read more >


More Patent News >

 
 

Patent Law Terms

 


Monday's Term

Pro Se

Definition:
Used to designate an independent inventor who has elected to file an application by themselves without the services of a licensed representative.

Non-final Office Action (rejection)

Definition:
An Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing the application for the first time.

Disclaimer

Definition:
A patentee, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer of any complete claim, stating therein the extent of their interest in such patent.

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 >

Maryland Patent Attorney

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

  • Annapolis
  • Baltimore
  • Capitol Heights
  • Catonsville
  • Columbia
  • Cumberland
  • District Heights
  • Dundalk
  • Elkton
  • Ellicott City
  • Essex
  • Fort Washington
  • Gaithersburg
  • Germantown
  • Glen Burnie
  • Gwynn Oak
  • Hagerstown
  • Hyattsville
  • Lanham
  • Lutherville Timonium
  • Middle River
  • Nottingham
  • Owings Mills
  • Parkville
  • Pasadena
  • Potomac
  • Rockville
  • Silver Spring
  • Sykesville
  • Temple Hills
  • Upper Marlboro
  • Westminster
 


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