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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
 

ABC
Activity based cost accounting - an accrual-based accounting method for determining unit-based costs of delivering services by allocating the costs to budgetary resources.

Appeal (trademark)
An applicant who wants to contest a final refusal from an examining attorney may file an appeal to the Trademark Trial and Appeal Board.

DO
Designated Office - the national Office or intergovernmental organization of or acting for the Contracting State designated by the applicant under Chapter I of the Patent Cooperation Treaty.

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.

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.

Canceled Claim
A claim that is canceled or deleted. "Canceled" is the status identifier that should be used when a claim is canceled in an application.

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.

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

Application (trademark)
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.

Madrid Protocol
The "Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" is an international treaty that allows a trademark owner to seek registration in any of the countries.

Contact our Connecticut Patent Lawyer Now!

 

 
Did You Know?    
 
 
A patent protects your invention.
A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

 


  Newsroom  
 


News about Patent cases in Connecticut and nationwide:

U.S. and Japan To Pilot Patent Prosecution Highway
The U.S. Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) announced today that on July 3, 2006 they are launching a new trial ...
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USPTO Releases List of Top 10 Universities Receiving Most Patents in 2003

The Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the top 10 U.S. universities receiving the ...

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New York Inventors Set New Patent Record
Russell W. Bessette, M.D., Executive Director of the New York State Office of Science, Technology and Academic Research (NYSTAR), today announced t...
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More Patent News >

 
 

Patent Law Terms

 


Monday's Term

Chapter II

Definition:
The second, optional phase under the Patent Cooperation Treaty that includes examination of the international application and issuance of an International Preliminary Examination Report.

Notice Of References Cited

Definition:
Also known as a PTO-892 form. A list of relevant references cited by a patent examiner in an Office action.

Specimen

Definition:
Labels, tags, or containers for goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures.

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 >

Connecticut Patent Attorney

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

  • Branford
  • Bridgeport
  • Bristol
  • Cheshire
  • Danbury
  • East Hartford
  • East Haven
  • Enfield
  • Fairfield
  • Glastonbury
  • Greenwich
  • Groton
  • Guilford
  • Hamden
  • Hartford
  • Manchester
  • Meriden
  • Middletown
  • Milford
  • Naugatuck
  • New Britain
  • New Haven
  • New London
  • New Milford
  • Newington
  • North Haven
  • Norwalk
  • Norwich
  • Ridgefield
  • Shelton
  • South Windsor
  • Southington
  • Stamford
  • Stratford
  • Torrington
  • Trumbull
  • Vernon Rockville
  • Wallingford
  • Waterbury
  • West Haven
  • Westport
  • Wethersfield
  • Windsor
 


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