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Glossary of key IP terms| 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 provided unless an Office action indicates otherwise. |
| agent, patent | (may be referred to as a practitioner or representative) - one who is not an attorney but is authorized to act for or in place of the applicant(s) before the Office, that is, an individual who is registered to practice before the Office |
| AIPA | American Inventors Protection Act of 1999 |
| applicant | inventor or joint inventors who are applying for a patent on their own invention, or the person mentioned in 37 CFR 1.42, 1.43 or 1.47 who is applying for a patent in place of the inventor. |
| application | an application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee. |
| assignment | a transfer of ownership of a patent application or patent from one entity to another. Record all assignments with the USPTO Assignment Services Division to maintain clear title to pending patent applications and patents. |
| claims | define the invention and are what aspects are legally enforceable. The specification must conclude with a claim particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention or discovery. The claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable (clearly understood ) by reference to the description. |
| classification | patents are classified (organized) in the U.S. by a system using a 3 digit class and a 3 digit subclass to describe every similar grouping of patent art. A single invention may be described by multiple classification codes. |
| combination patent | a patent granted for an invention that unites existing components in a novel way |
| counterpart | an application filed in a foreign patent office that is substantially similar to (like) the patent application filed with the USPTO and is based upon some or all of the same invention. The two applications would generally have the same applicant. |
| design patent | may be granted to anyone who invents a new, original and ornamental design for an article of manufacture |
| doctrine of equivalents | a judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims. The essential objective inquiry is: "Does the accused product or process contain elements identical or equivalent to each claimed element of the patented invention?" |
| enforceability of patent | the right of the patent owner to bring an infringement suit against a party who, without permission, makes, uses or sells the claimed invention. The period of enforceability of a patent is the length of the term of the patent plus the six years under the statute of limitations for bringing an infringement action. |
| filing date | the date of receipt in the Office of an application which includes (1) a specification containing a description and, if the application is a nonprovisional application, at least one claim, and (2) any required drawings |
| intellectual property (IP) | creations of the mind - creative works or ideas embodied in a form that can be shared or can enable others to recreate, emulate or manufacture them. There are four ways to protect intellectual property - patents, trademarks, copyrights or trade secrets |
| international application | an application filed under the Patent Cooperation Treaty. |
| 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... |
| inventor | one who contributes to the conception of an invention. The patent law of the United States of America requires that the applicant in a patent application must be the inventor. |
| issue date | the date that a patent application becomes a U.S. patent. The issue date is the date that patent rights can be exercised. U.S. patents are always issued on Tuesdays. |
| 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. For example, a magazine article or doctoral thesis relevant to a claimed invention might be cited as non-patent literature. Typically, references cited in an application are grouped into: domestic patents and patent application publications; foreign patents; and non-patent literature. |
| original patent application | "original" is used in the patent statute and rules to refer to an application which is not a reissue application. An original application may be a first filing or a continuing application |
| patent | a property right granted by the Government of the United States of America to an inventor "to exclude others from making, using, offering for sale or selling the invention..." |
| patent family | a patent family is the same invention disclosed by a common inventor(s) and patented in more than one country. |
| patent infringement | unauthorized making, using, offering to sell, selling or importing into the United States any patented invention. |
| patent number | unique number assigned to a patent application when it issues as a patent. |
| 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. It serves as a warning that a patent may issue that would cover the item and that copiers should be careful because they might infringe if the patent issues. Once the patent issues, the patent owner will stop using the phrase "patent pending" and start using a phrase such as "covered by U.S. Patent Number XXXXXXX." Applying the patent pending phrase to an item when no patent application has been made can result in a fine. |
| patentable | suitable to be patented; entitled by law to be protected by the issuance of a patent. |
| primary examiner | a patent examiner who is fully authorized to sign office actions (signatory authority) regarding patentability |
| specification | a written description of the invention and the manner and process of making and using the same |
| term of art | an expression or phrase that has a defined meaning when used in a particular context or knowledge environment (such as the patenting process, pharmaceuticals, computers, etc.) |
| utility patent | may be granted to anyone who invents or discovers any new, useful and nonobvious process, machine, article of manufacture, or composition of matter or any new and useful improvement thereof. |