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Patent Terms Glossary AAbandon The explicit or implicit relinquishment of a potential patent right. Simple inaction may render a patent right abandoned 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. ABM Activity based management - a management methodology that combines ABC with business process analysis techniques to run, improve and measure performance for a business. Abstract Of The Disclosure A concise statement of the technical disclosure including that which is new in the art to which the invention pertains. ACH Automated Clearing House - a nationwide batch-oriented electronic funds transfer system governed by the NACHA (National Automated Clearing House Association) Activity based cost accounting - an accrual-based accounting method for determining unit-based costs of delivering services by allocating the costs to budgetary resources. Administrative Instructions Set out the provisions and requirements in relation to the filing and processing of the international (patent) application under the PCT. Affidavit A signed statement putting appropriate facts or opinions on record. Agent (patent) 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. ALC Agency Location Code - an eight (8) digit code assigned to U.S. government agencies by the Department of Treasury. Allegation Of Use A sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce. Amendment To Allege Use A sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce. Annex F Written specifications of the application-body document type definition agreed to by the USPTO, WIPO, EPO, and JPO. 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. Applicant 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. 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. Application Number (patent) The unique number assigned to a patent application when it is filed. The application number includes a two digit series code and a six digit serial number. Arbitrary Marks Comprise words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient. Assignee The entity that is the recipient of a transfer of a patent application, patent, trademark application or trademark registration from its owner of record. 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 patents. Assignor The owner of record of a patent application, patent, trademark application or trademark registration who is transferring ownership to another entity (assignee) Attorney An individual who is a member in good standing of the bar of any United States court or the highest court of any State. Author Writer of an article, chapter or other complete work. BBasic Patent The first published patent Beilstein A major structure and factual database in organic chemistry. Benefit Claim The claiming by an applicant in a nonprovisional application of a benefit of an invention disclosed in a prior-filed copending provisional or nonprovisional application designating. Bio-sequence Listings A document that must be included only if a nucleotide or amino acid sequence is part of the invention. Blackout Period The period between the date the examining attorney approves the mark for publication and the date of issuance of the Notice of Allowance. Boolean The patent search systems use "AND", "OR", and "ANDNOT" as Boolean operators, in combination with parentheses to build nested logical subsets. BRM Business reference model - an organized, hierarchical way to describe the day-to-day business operations of the Federal government. CC1 Phase I (IDdb). Initial toxicity testing in healthy volunteers 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 Canceled Trademark registration is no longer viable. It may be due to the registrant's failure to file the required continued use affidavit under Section 8 of the Trademark Act. 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. Cancellation Proceeding A proceeding before the Trademark Trial and Appeal Board in which The plaintiff seeks to cancel an existing registration of a mark. CD A type of form designation such as Form CD435, meaning a Commerce Department form. Certificate Of Mailing A certificate for each piece of correspondence mailed, prior to the expiration of the set period of time for response, stating the date of deposit with the U.S. Postal Service. Certificate Of Registration Official document from the USPTO evidencing that a mark has been registered. Certification Mark Any word, name, symbol, device, or any combination, used, or intended to be used, in commerce by someone other than its owner. Change Of Name Sometimes, owners of trademark applications and registrations change their names, even though the actual ownership of the application or registration has not been transferred. Chapter I The first, mandatory phase under the Patent Cooperation Treaty that includes performance of an international-type search, issuance of an International Search Report. Chapter II The second, optional phase under the Patent Cooperation Treaty that includes examination of the international application and issuance of an International Preliminary Examination Report. CIP Continuation-in-Part - an application filed during the lifetime of an earlier nonprovisional application, repeating some substantial portion or all of the earlier nonprovisional application. Citation the examiner or author may make Citations Citation Counts Citation counts are a formal acknowledgement of intellectual debt to earlier patents and previously published scientific research papers. Claim The definition of the monopoly rights that the applicant is trying to obtain for the invention. Claims 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. 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. Classification of Goods and Services Goods and services are classified by an international system, according to international treaties to which the United States is a signatory. 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. Collective Mar A trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark that indicates membership in a union, an association, or other organization Combination Patent A patent granted for an invention that unites existing components in a novel way. Common Inventor An inventor whose name is listed on multiple patent applications or granted patents, making the inventions at least partially the work of the same person. Common Law Rights 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. Comprising A transitional phrase that is synonymous with means the same thing as inclusive or open-ended and does not exclude additional, unrecited elements or method steps. Confirmation Number The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification. Consisting Essentially Of 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. Contracting Party A country or intergovernmental organization that is a member of the Madrid Protocol. Contracting State A national Office or an intergovernmental organization which is party to the Patent Cooperation Treaty. Control No. Unique number assigned to a patent reexamination request when it is filed, having a 2-digit series code for ex parte reexamination requests and a 6-digit control number. Copyright The legal right granted to an author, editor or publisher of an article, chapter or complete work. Copyrights Protect works of authorship, such as writings, music, and works of art that have been tangibly expressed. The Library of Congress registers copyrights which last for the life of the author plus 70 years. COTS Commercial Off The Shelf - an acquisition term refering to commercially available ready to use products that require no customization in order to meet performance requirements. 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. DDeceased Inventor A named inventor who has died prior to the filing of a patent application or during the prosecution of a patent application. Declaration A document in which an applicant for patent declares, under penalty of fine or imprisonment, or both (18 USC 1001), that he or she is the original or sole inventor. Defensive publication A publication and disclosure to the public of a pending patent application. Deposit Account An account that is established in the U.S. Patent and Trademark Office (USPTO), upon payment of a fee for establishing such an account, for the convenience in paying any fees due. Descriptive Mark A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. Design Patent A type of patent covering the shape characteristics of an object Design Patent May be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. DiD Defense in depth - multiple layers of security to provide added protection to IT resources. Disclaimer A patentee, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer of any complete claim, stating therein the extent of their interest in such patent. Disclosure In return for a patent, the inventor gives as consideration a complete revelation (describes it) or disclosure of the invention for which protection is sought. Disclosure The first public disclosure of details of an invention Disclosure Document A document disclosing an invention, and signed by the inventor or inventors, that is forwarded to the USPTO only as evidence of the date of conception of the invention. Divisional Application A later application for an independent or distinct invention disclosing and claiming (only a portion of and) only subject matter disclosed in the earlier or parent application. 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. 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. Domestic Representative A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States. 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. DRM Data reference model - also known as a "data and information reference model" - describes the data and information that support program and line operations. DTD Document type definition - a format specification file that accompanies documents prepared according to SGML (standard generalized markup language), including XML (extensible markup language). EEFS-ABX Electronic Filing System – Application Body eXtensible Markup Language authoring tool. Electronic File Wrapper System that provides a way to access electronic copies of the correspondence, documents and other pertinent records used in considering a particular case. Embodiment A manner in which an invention can be made, used, practiced or expressed 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. eTEAS Electronic Trademark Examination Application System - electronic trademark filing system. It allows the public to complete various trademark filings and transactions on-line. Examination Copy A copy of an international application filed under the Patent Cooperation Treaty maintained by the International Preliminary Examining Authority. 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 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. . Express Mail Mailing Label Patent correspondence delivered to the USPTO via the "Express Mail Post Office to Addressee" service of the USPS which is considered filed in the Office on the date of deposit with the USPS. FFanciful Marks Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark. Fastener Quality Act Fastener Quality Act (15 U.S.C. 5401 et seq., as amended by Public Law 104-113, Public Law 105-234, and Public Law 106-34); implementing regulations: 15 C.F.R. Part 280. FDC Final Data Capture - Once the fee, any correspondence, and/or drawings are matched with the application and all requirements have been met for issuance as a patent. File Wrapper The folder into which papers for a particular application are collected and maintained. It contains a complete record of proceedings in the USPTO from the filing of the initial patent application to the issued patent. 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. Filing Receipt When an application is submitted via e-TEAS, the Office immediately issues a confirmation of filing via e-mail that includes the serial number and filing date. Final Office Action (rejection) An Office action on the second or any subsequent examination or consideration by an examiner that is intended to close the prosecution of a nonprovisional 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. First to invent In some countries, the applicant who is the first to invent will be awarded the patent over all others. GGeneric Term Terms that the relevant purchasing public understands primarily as the common or class name for the goods or services. Group Art Unit A working unit responsible for a cluster of related patent art. Staffed by one supervisory patent examiner (SPE) and a number of patent examiners who determine patentability on applications for a patent. HHome Copy A copy of an international application filed under the Patent Cooperation Treaty maintained by the receiving Office where the international application was filed. IIB International Bureau - the secretariat of the WIPO which, among other functions, centralizes information of various kinds relating to the protection of intellectual property. IC International Class - class(es) assigned to a mark under the International Classification of Goods and Services (Nice Agreement); used in the United States since 1 September 1973 Identification of Goods and Services Manual This manual lists numerous examples of identifications of goods and services that are acceptable to the USPTO for inclusion in trademark applications and registrations. 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. Informal Application An application that has been filed without one or more of the elements required to receive a filing date. The USPTO will return informal applications to applicants. Information Disclosure Statement (IDS) A list of all patents, publications, U.S. applications, or other information submitted for consideration by the Office in a non-provisional patent application filed under 35 U.S.C. § 111(a) to comply with applicant's duty. 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 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. 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 Interference A proceeding, conducted before the Board of Patent Appeals and Interferences (Board), to determine priority of invention between a pending application. 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, or any variety of plant, which is or may be patentable. Inventor Inventor names are recorded for all patents. 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. IPEA International Preliminary Examining Authority - either a national Office or an intergovernmental organization whose tasks include the establishment of examination reports on inventions. ISA International Search Authority - either a national Office or an intergovernmental organization whose tasks include the establishment of documentary search reports on prior art with respect to inventions. ISR International Search Report (Form PCT/ISA/210), produced by an International Searching Authority, is a report listing citations of published documents that might affect the patentability of the invention. JJoint Application An application in which the invention is presented as that of two or more persons. 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. LLIE Legal Instruments Examiner - a position classification for USPTO employees charged with docketing cases and other administrative processing that support the workflow and examination of applications. MMadrid 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. Mere Descriptiveness Statutory basis (Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), TMEP 1209 et seq) for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature, NNational Stage Application An application which has entered the national phase of the Patent Cooperation Treaty by the fulfillment of certain requirements in a national Office, which is an authority entrusted with the granting of national or regional patents. Non-final Office Action (rejection) An Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing the application for the first time. Nonprovisional Patent Application An application for patent filed under 35 U.S.C. 111(a) that includes all patent applications (i.e., utility, design, plant, and reissue) except provisional applications. Notice of Abandonment 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. Notice of Allowability A notification to the patent applicant that the application has been placed in condition for allowance. Notice of Allowance and Fees Due NOA, a notification to the applicant that they are entitled to a patent under the law and requesting payment of a specified issue fee within three months from the mailing date of the notice of allowance. Notice Of Publication A written statement from the USPTO notifying an applicant that its mark will be published in the Official Gazette. If the examining attorney assigned to an application raises no objections to registration. Notice Of References Cited Also known as a PTO-892 form. A list of relevant references cited by a patent examiner in an Office action. 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. NPL 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. OOACS Office Action Correspondence System - used by patent examiners to generate office actions. Office Action A letter from a trademark examining attorney setting forth the legal status of a trademark application. There are several types of Office actions: examiner’s amendments, priority actions, and suspension inquiry letters. OG Official Gazette - weekly publication of the USPTO that includes regular and special notices of the Office. OG - Patents Official Gazette eOG:P - weekly publication of the USPTO that permits you to browse issued patents and view important notices. Opposition Proceeding A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to prevent the issuance of a registration of a mark. PPAC Patent Assistance Center (prior), now the Inventors Assistance Center or IAC. PAIR Patent Application Information Retrieval - provides secure access for customers who want to view current patent application status electronically via the Internet. PALM Patent Application Locating and Monitoring system - an internal USPTO system that is the source of status information displayed in PAIR . Parent Application The term "parent" is applied to an earlier application of the inventor disclosing a given invention. 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. 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 throughout the United States. Patent and Trademark Depository Library A library designated by the USPTO to receive copies of patents, CD-ROMs containing registered and pending marks, and patent and trademark materials that are made available to the public for free. Patent Application Publication Pre-Grant Publication of patent application at 18 months from priority date. 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 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. Patentable Suitable to be patented; entitled by law to be protected by the issuance of a patent. PCT Patent Cooperation Treaty - provides a mechanism by which an applicant can file a single application that, when certain requirements have been fulfilled, is equivalent to a regular national filing in each designated Contracting State. 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. 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 Plant Patent May be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Practitioner One who stands for or acts on behalf of another. A patent attorney or patent agent may represent the inventors named in a patent application. 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. Pro Se Used to designate an independent inventor who has elected to file an application by themselves without the services of a licensed representative. Provisional Patent Application A provisional application for patent is a U. S. national application for patent filed in the USPTO under 35 U.S.C. § 111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. RReexamination Proceeding At any time during the enforceability of a patent any person may file a request for the USPTO to conduct a second examination of any claim of the patent on the basis of prior art patents or printed publications. Registration Federal registration of trademarks involves the establishment of rights in a mark based on legitimate use of the mark. Although federal registration of trademarks is not required to use a trademark. Registration Number 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. Reissue Application An application for a patent to take the place of an unexpired patent that is defective in one or more particulars. Representative One who stands for or acts on behalf of another. A patent attorney or patent agent may represent the inventors named in a patent application. Restriction If two or more independent and distinct inventions are claimed in a single application, the examiner may require the applicant to elect (designate) a single invention to which the claims will be restricted. SSearch Copy Copy of an international application filed under the Patent Cooperation Treaty maintained by the International Searching Authority. Serial Number A number assigned to a patent application when it is filed. A serial number is usually used together with a two digit series code to distinguish between applications filed at different times. Small Business Concern For purposes of small entity determination per MPEP 509.02 - any business concern meeting the size standards set forth in 13 CFR Part 121 to be eligible for reduced patent fees. SMART Standards, Mentor, Attempt, Review, Transition -- an informal development program used for USPTO's OCIO employees that identifies standards to work towards and establishes a mentoring relationship between managers and their employees who must meet these s Specimen 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. Status The legal standing of a patent or patent application, i.e. whether it is pending, lapsed or still protected etc. Substantive Reasons For Refusal There are several substantive reasons for refusing registration of a mark. These include: likelihood of confusion; primarily merely descriptive or deceptively misdescriptive of the goods/services. Substitute Patent Application An application which is in essence a duplicate of a prior (earlier filed) application by the same applicant abandoned before the filing of the substitute (later filed) application. Supplemental Register 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. TTEAS Trademark Electronic Application System - USPTO's electronic filing system. It may be used to file a variety of documents with the USPTO, including new trademark applications, amendments to allege use. Term of patent The maximum number of years that the monopoly rights conferred by the grant of a patent may last. Trade Secret Information that companies keep secret to give them an advantage over their competitors. UUSPTO United States Patent and Trademark Office, designation became effective April 3, 2000; a result of the American Inventors Protection Act of 1999. 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. WWIPO WIPO is responsible for the promotion of the protection of intellectual property throughout the world and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property. Withdrawn Patent An allowed application for patent in which the applicant files correspondence to withdraw the patent from issue; ;thus preventing it from issuing on the patent issue date. T Workflow Workflow diagrams are a formal way to identify procedural steps and the logic employed in a process used to complete a task or job. Workflow diagrams include each interim step and product(s). Workflow Incoming Amendment IFW From Public PAIR/IFW - designates the point in time when an amendment is received in the Office and the paper scanning process may be started at the USPTO; does not indicate whether scanning has actually started. Bookmark:
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Definition: 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. Notice of Allowance and Fees Due Definition: NOA, a notification to the applicant that they are entitled to a patent under the law and requesting payment of a specified issue fee within three months from the mailing date of the notice of allowance. |
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User 38.107.191.97:45105 on MAR 10,2010 at 09:24:22