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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
 

PALM
Patent Application Locating and Monitoring system - an internal USPTO system that is the source of status information displayed in PAIR .

Plant Patent
May be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Patent and Trademark Depository Library
A library designated by the USPTO to 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.

IPEA
International Preliminary Examining Authority - either a national Office or an intergovernmental organization whose tasks include the establishment of examination reports on inventions.

Notice Of References Cited
Also known as a PTO-892 form. A list of relevant references cited by a patent examiner in an Office action.

Abstract Of The Disclosure
A concise statement of the technical disclosure including that which is new in the art to which the invention pertains.

Information Disclosure Statement (IDS)
A list of all patents, publications, U.S. applications, or other information submitted for consideration by the Office in a non-provisional patent application filed under 35 U.S.C. § 111(a) to comply with applicant's duty.

Copyright
The legal right granted to an author, editor or publisher of an article, chapter or complete work.

Coinventor
An inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception creation of the invention.

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.

Contact our Maine Patent Lawyer Now!

 

 
Did You Know?    
 
 
You may apply for a patent for your invention.
Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.

 


  Newsroom  
 


News about Patent cases in Maine and nationwide:

India, U.S. Agree To Cooperate on Patents, Copyright
Washington -- The United States and India will work to improve Indian enforcement of copyrights, patents and other intellectual property, trade off...
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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...

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Internet Access to Patent Application Files Now Available

The Department of Commerce's U.S. Patent and Trademark Office (USPTO) has reached a major milestone in maximizing electronic tools to make...

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More Patent News >

 
 

Patent Law Terms

 


Monday's Term

Practitioner

Definition:
One who stands for or acts on behalf of another. A patent attorney or patent agent may represent the inventors named in a patent application.

Filing Receipt

Definition:
When an application is submitted via e-TEAS, the Office immediately issues a confirmation of filing via e-mail that includes the serial number and filing date.

IC

Definition:
International Class - class(es) assigned to a mark under the International Classification of Goods and Services (Nice Agreement); used in the United States since 1 September 1973

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 >

Maine Patent Attorney

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

  • Auburn
  • Augusta
  • Bangor
  • Biddeford
  • Brunswick
  • Lewiston
  • Portland
  • Saco
  • Sanford
  • Scarborough
  • South Portland
  • Waterville
  • Westbrook
  • Windham
 


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