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August 24, 2010
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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
 

Administrative Instructions
Set out the provisions and requirements in relation to the filing and processing of the international (patent) application under the PCT.

Drawing
Patent drawings must show every feature of the invention as specified in the claims. Omission of drawings may cause an application to be considered incomplete.

C3
Phase III (IDdb). Large-scale trials in patients

Fanciful Marks
Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark.

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

Certificate Of Registration
Official document from the USPTO evidencing that a mark has been registered.

Cancellation Proceeding
A proceeding before the Trademark Trial and Appeal Board in which The plaintiff seeks to cancel an existing registration of a mark.

Precautionary Designation
Designation of a Contracting State in an international application filed under the Patent Cooperation Treaty which must be confirmed prior to 15 months from the priority date.

Express Abandonment
A patent application may be expressly abandoned by filing a written declaration of abandonment identifying the application in the United States Patent and Trademark Office. .

BRM
Business reference model - an organized, hierarchical way to describe the day-to-day business operations of the Federal government.

Contact our South Carolina Patent Lawyer Now!

 

 
Did You Know?    
 
 
You need a patent attorney or agent to file your patent application.
The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.

 


  Newsroom  
 


News about Patent cases in South Carolina and nationwide:

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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...
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The United States Patent And Trademark Office
Congress established the United States Patent and Trademark Office (USPTO or Office) to issue patents on behalf of the government. The Patent Offic...
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More Patent News >

 
 

Patent Law Terms

 


Tuesday's Term

Contracting State

Definition:
A national Office or an intergovernmental organization which is party to the Patent Cooperation Treaty.

Patent

Definition:
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 throughout the United States.

Consisting Essentially Of

Definition:
A transitional phrase that limits the scope of a claim to the specified materials or steps and those that do not materially affect the basic and novel characteristics of the claimed invention.

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 >

South Carolina Patent Attorney

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

  • Abbeville
  • Aiken
  • Anderson
  • Beaufort
  • Belton
  • Bennettsville
  • Bluffton
  • Camden
  • Charleston
  • Chester
  • Clemson
  • Clover
  • Columbia
  • Conway
  • Darlington
  • Dillon
  • Easley
  • Elgin
  • Florence
  • Fort Mill
  • Fountain Inn
  • Gaffney
  • Gaston
  • Georgetown
  • Goose Creek
  • Greenville
  • Greenwood
  • Greer
  • Hartsville
  • Hilton Head Island
  • Inman
  • Irmo
  • Ladson
  • Lancaster
  • Laurens
  • Lexington
  • Marion
  • Moncks Corner
  • Mount Pleasant
  • Murrells Inlet
  • Myrtle Beach
  • Newberry
  • North Augusta
  • North Charleston
  • Orangeburg
  • Pickens
  • Piedmont
  • Rock Hill
  • Seneca
  • Simpsonville
  • Spartanburg
  • Summerville
  • Sumter
  • Taylors
  • Travelers Rest
  • Union
  • Walterboro
  • West Columbia
  • York
 


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