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February 26, 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
 

Interference
A proceeding, conducted before the Board of Patent Appeals and Interferences (Board), to determine priority of invention between a pending application.

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.

Examining Attorney
A USPTO employee who examines (reviews and determines compliance with the legal and regulatory requirements of) an application for registration of a federally registered trademark

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.

Current Filing Basis
In applications under §§1 and 44 of the Trademark Act, the applicant may claim more than one basis, and may add or substitute a basis after filing the application.

IB
International Bureau - the secretariat of the WIPO which, among other functions, centralizes information of various kinds relating to the protection of intellectual property.

IFW
Image File Wrapper - an electronic version of a patent application, including image and/or text versions of the bibliographic information, all papers as filed, and all office actions and correspondence related to that application.

Joint Inventor
An inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception of the invention set forth in at least one claim in a patent application.

Patent Application Publication
Pre-Grant Publication of patent application at 18 months from priority date.

Intellectual Property
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.

Contact our Louisiana 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 Louisiana 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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UCR Chemist Named European Inventor of the Year
UCR Chemist Named European Inventor of the Year RIVERSIDE, Calif. – May 31, 2006 – Developing the tool to make toda...
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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...
Read more >


More Patent News >

 
 

Patent Law Terms

 


Friday's Term

Registration Number

Definition:
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.

Pending

Definition:
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

Madrid Protocol

Definition:
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.

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 >

Louisiana 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
  • Alexandria
  • Baker
  • Bastrop
  • Baton Rouge
  • Bogalusa
  • Bossier City
  • Breaux Bridge
  • Chalmette
  • Covington
  • Crowley
  • Denham Springs
  • Deridder
  • Gonzales
  • Gretna
  • Hammond
  • Harvey
  • Houma
  • Kenner
  • La Place
  • Lafayette
  • Lake Charles
  • Leesville
  • Mandeville
  • Marrero
  • Metairie
  • Monroe
  • Morgan City
  • Natchitoches
  • New Iberia
  • New Orleans
  • Opelousas
  • Pineville
  • Prairieville
  • Ruston
  • Shreveport
  • Slidell
  • Sulphur
  • Thibodaux
  • Ville Platte
  • West Monroe
  • Westwego
  • Zachary
 


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