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October 13, 2008
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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
 

PCT Regulations
Provide rules concerning matters expressly refers to in the Patent Cooperation Treaty, any administrative requirements, matters, or procedures, and concerning any details useful in the implementation.

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.

ISR
International Search Report (Form PCT/ISA/210), produced by an International Searching Authority, is a report listing citations of published documents that might affect the patentability of the invention.

Invention
Any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable.

Certification Mark
Any word, name, symbol, device, or any combination, used, or intended to be used, in commerce by someone other than its owner.

Substantive Reasons For Refusal
There are several substantive reasons for refusing registration of a mark. These include: likelihood of confusion; primarily merely descriptive or deceptively misdescriptive of the goods/services.

Serial Number
A number assigned to a patent application when it is filed. A serial number is usually used together with a two digit series code to distinguish between applications filed at different times.

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.

PAIR
Patent Application Information Retrieval - provides secure access for customers who want to view current patent application status electronically via the Internet.

OG - Patents
Official Gazette eOG:P - weekly publication of the USPTO that permits you to browse issued patents and view important notices.

Contact our Wisconsin 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 Wisconsin and nationwide:

Statement By Commerce Secretary Donald L. Evans On President’s Intent To Nominate Jon Dudas As Under Secretary For Intellectual Property And Director Of The U.S. Patent And Trademark Office
ctor Of The U.S. Patent And Trademark Office“I am delighted that President Bush has expressed his intent to nominate Jon Dudas as Under Secretary...
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 >


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...

Read more >


More Patent News >

 
 

Patent Law Terms

 


Monday's Term

Workflow Incoming Amendment IFW

Definition:
From Public PAIR/IFW - designates the point in time when an amendment is received in the Office and the paper scanning process may be started at the USPTO; does not indicate whether scanning has actually started.

Electronic File Wrapper

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

Application (trademark)

Definition:
A document by which a person requests a federal trademark registration. To receive a filing date, an application must include the applicant's name, a name and address for correspondence and the application filing fee.

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 >

Wisconsin Patent Attorney

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

  • Appleton
  • Beloit
  • Burlington
  • Chippewa Falls
  • De Pere
  • Eau Claire
  • Fond Du Lac
  • Franklin
  • Green Bay
  • Janesville
  • Kenosha
  • La Crosse
  • Madison
  • Manitowoc
  • Marshfield
  • Menomonee Falls
  • Milwaukee
  • Neenah
  • New Berlin
  • Oak Creek
  • Oconomowoc
  • Oshkosh
  • Racine
  • Sheboygan
  • Stevens Point
  • Sun Prairie
  • Superior
  • Waukesha
  • Wausau
  • West Bend
  • Wisconsin Rapids
 


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