Patent Terms Glossary

Common Law Rights

Definition:
Property or other legal rights that do not absolutely require formal registration in order to enforce them. Proving such rights for a trademark in court can be very difficult.

Design Patent

Definition:
May be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Copyright

Definition:
The legal right granted to an author, editor or publisher of an article, chapter or complete work.

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.

Supplemental Register

Definition:
Secondary trademark register for the USPTO. It allows for registration of certain marks that are not eligible for registration on the Principal Register, but are capable of distinguishing an applicant’s goods or services.

Notice of Abandonment

Definition:
A written notification from the USPTO that an application has been declared abandoned or, in other words, is no longer pending. If the application was abandoned unintentionally or due to Office error.

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