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

CD A type of form designation such as Form CD435, meaning a Commerce Department form. 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. 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. 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. Beilstein A major structure and factual database in organic chemistry. Status The legal standing of a patent or patent application, i.e. whether it is pending, lapsed or still protected etc. 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. 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, 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.

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	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.