You have a great idea. Is patenting the best way to protect it? How much do patents cost? How do you find out if your idea is patentable?
	Robert M. Hunter, Ph.D. Registered Patent Agent WebPatent.com

A

Abandonment of Invention

To relinguish rights in an invention. In the U.S., an invention is considered to be abandoned, if within a reasonable time after the invention is completed, no actions are taken to make the invention publicly known. MPEP 2134, MPEP 2138.03.

Abandonment of Patent Application

To relinquish, either by express abandonment or by inaction, a patent application. Abandonment by inaction typically involves failure to take a required action (e.g., filing a incomplete response or not paying a fee) during the statutory period for taking the action. A U.S. patent application that was unavoidably or unintentionally abandoned, can be revived by petition. MPEP 711.

Absolute Novelty

A requirement of some patent offices (but not the USPTO) that public disclosure or sale of an invention anywhere in the world cannot occur prior to the filing of a valid patent application.

Abstract of the Disclosure

A short description of the novel features of an invention. MPEP 608.01(b).

Action

An official communication from a patent office, ususally requiring some response by the applicant. MPEP 707.

Admissions by Applicant

A statement by an applicant for patent that can or is used to deny the patentability of an invention, in some cases regardless of whether the statement is true. MPEP 2129.

Advisory Action

An action advising an applicant of the status of an application, typically advising him/her that the amendment filed just prior to the mailing of the advisory action does not place the applkication in condition for allowance of the claims. See Action. MPEP 714.13.

Affidavit

A written, sworn statement that includes facts in support of the patentability of an invention. Under U.S. rules, an affidavit or declaration under 37 CFR 1.131 is used to "swearing behind" a reference and an affidavit or declaration under 37 CFR 1.132 is used in traversing a rejection. See Declaration. MPEP 715, MPEP 716.

Aggregation

A ground for rejection of a patent claim that is based on a lack of cooperation among the elements of an invention. MPEP 2173.05(k).

Allowance

A decision by a patent office that an applicant is entitled to a patent on an invention. MPEP 1303.

Allowance, Notice of

A written notice by a patent office that an applicant is entitled to a patent on an invention. In the U.S., an issue fee must be paid within the period for repsonse or the application will become abandoned. MPEP 1303.

Alpha Subclasses

In the U.S. patent classification system, subclassed that have an alphabetical suffix. MPEP 902.01.

Amendment

A change in any part of a patent application made after it is filed. Also, the communication from the applicant to a patent office directing or requesting that a change be made is also called an amendment. Amendments are typically made to overcome rejections, objections or requirements made by the patent office. MPEP 714.

Annuity

An annual fee that must be paid to most patent offices to maintain a patent in force. In the U.S., the fee is called a maintenance fee.

Anticipation

A situation that exists when claimed invention is not novel in view of the prior art. To anticipate a claimed invention, a prior art reference (normally one) must teach every element (or step) of the claim. MPEP 2131, MPEP 2131.01, MPEP 2131.02, MPEP 2131.03.

Apparatus

See Machine.

Appeal

A request that a higher authority (in a patent office or a court) review an adverse patentability decision (a rejection of a claim) by an Examiner. In the USPTO, an appeal is first taken to the Board of Patent Appeals and Interferences. MPEP 1205.

Appeal Brief

A written communication submitted to a higher authority reviewing an adverse patentability decision (rejection of a claim) by an Examiner. In the U.S., an appeal brief must set forth arguments and cite authorities (e.g., statutes and case law) in support of the patentability of the claim or claims under appeal. MPEP 1206.

Appeal, Notice of

A written communication to a patent office indicating that an adverse patentability decision (rejection of a claim) by an Examiner will be appealed. MPEP 1205.

Appelant

A patent applicant who has appeal the decision of a patent Examiner to a higher authority. MPEP 1201.

Applicant

A person who is applying for a patent. In the U.S., the applicant must be the inventor, except in exceptional circumstances. One or more than one person can apply for a patent. In jurisdictions other than the U.S., any legal "person" (e.g., individual or corporation) may be an applicant for a patent. MPEP 605.

Application (for Patent)

A document describing a claimed invention and requesting that a patent on the claimed invention be granted to an applicant. In the U.S., an application must include a specification and a drawing (if required to understand the invention). A regular U.S. patent application must also include at least one claim and it must be accompanied by an oath and a fee. In addition to a specification and a fee, a provisional U.S. patent application must be accompanied by a cover sheet and a fee. MPEP 601.

Application, Continuation

A subsequent application for the same invention disclosed in a prior (regular or nonprovisional) application that is filed before the original application becomes abandoned or patented. Also called a continuing application. MPEP 201.07.

Application, Continuation-in-Part

An application by the same applicant repeating a substantial portion or all of an earlier (regular or nonprovisional) application and adding matter not disclosed in the original application that is filed before the original application becomes abandoned or patented. Also called a CIP. MPEP 201.08.

Application, Divisional

A later application "carved out of" an earlier application for an invention that is disclosed in the earlier application but that is distinct or independent from the invention claimed in the earlier application that is filed before the earlier application becomes abandoned or patented. Also known as a division. MPEP 201.06.

Application Series

A grouping of application serial numbers (the last six digits of the application number) having the same series code. MPEP 503.

Art Unit

A subunit of a patent examining group. Also called Group Art Unit. MPEP 502.

Article of Manufacture

A product, a physical thing. There is no clear difference between an article of manufacture and a machine. Under U.S. law, one of the statutory classes of inventions. MPEP 2105, MPEP 2106, MPEP 2114.

Assert

To assert a patent is to attempt to enforce it. To attempt to prevent an unlicensed party from practicing an invention.

Assignee

A recipient of an ownership right in a patent application, patent or interest in a patent application or patent. MPEP 301.

Assignment

A transfer by a party (the assignor) of all or part of its right, title and interest in a patent or patent application to another party (the assignee). In this regard, patents have the attributes of personal property. MPEP 301.

Assignor

To tranferor of an ownership right in a patent application, patent or interest in a patent application or patent. MPEP 301.

Auslegeschrift

An examined German patent application (now eliminated).

B

Background Art

Background of the Invention

A section heading in the specification of a U.S. patent application that includes a statement of the technical field of the invention and a description of related art. MPEP 608.01(d).

Bar, Statutory

A circumstance that prevents (bars) issuance of a valid patent. MPEP 2133.

Base Claim

A claim from which another claim depends, either directly or indirectly. MPEP 608.01(n).

Basic Patent

The first member of a "family" of patents (which may or may not be the first member published).

Best Mode

The way of implementing the inventive concept contemplated by the inventor on the filing date of the patent application. MPEP 608.01(h), MPEP 2165, MPEP 2165.01, MPEP 2165.02.

Biological Material

Material referenced in the disclosure of a patent application that is capable of self-replicating, either direclty or indirectly. Examples include bacteria, fungi including yeasts, algae, protozoa, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, plant tissue cells, lichens and seeds. MPEP 2403, MPEP 2403.01, MPEP 2403.02.

Board of Patent Appeals and Interferences

A board of senior examiners that hears appeals of adverse patentability decisions of examiners. MPEP 1202, MPEP 1203.

Brevet

French for "patent."

C

Cancellation of Claims

Removal of claims from a patent application, usually by way of an amendment.

Cancelled Matter

Matter that is removed from the specification or claims of a patent application.

CCPA

See Court of Customs and Patent Appeals.

CFR

The Code of Federal Regulations.

Citation

A reference to a document considered relevant to the examination of a patent application. Citations by the Examiner appear on the front page of a U.S. patent. Citations by the applicant may appear in the specification and/or in an Information Disclosure Statement. MPEP 609.

CIP

See Application, Continuation-in-part.

Claim

The definition of a monopoly right that an applicant is trying to obtain. The claims define the actual monopoly when the patent is granted. MPEP 608.01(i), MPEP 608.01(k), MPEP 608.01(m), MPEP 1309.01.

Claim, Dependent

A claim that refers back to and further limits or restricts the breadth of another claim. The other claim may be an independent claim or another dependent claim. MPEP 608.01(n).

Claim, Generic

A claim that describes ("reads on") a generic form of an invention. A generic claim generally reads on all the claimed species of an invention. MPEP 806.04(d).

Claim, Independent

A claim that does not reference (depend from) another claim. MPEP 608.01(i).

Claim, Jepson

A form of a claim with a preamble that describes what is known in the art followed by a transitional phrase such as "the improvement comprising" and then a description of the claimed improvement. MPEP 2129.

Claim, Markush

A form of a claim that allows claiming of members of a finite group by means of a phrase like "a member selected from the group consisting of" followed by a list of the members of the group linked by the word "and." The members of a Markush group must have at least one property that is mainly responsible for their membership in the group. MPEP 803.02, MPEP 2173.05(h).

Claim, Multiple Dependent

A claim that refers back to and depends from more than one other claim. The other claims may be refered to in the alternative only. MPEP 608.01(n).

Claim, Process

A claim that recites the steps of a process. The process may be a method of making something, a process of operating something or a process of using something. 35 U.S.C. 101.

Claim, Product

A claim that recites the elements or features of a product (i.e., a machine, an article of manufacture or a composition of matter). A claim recites the physical form of an invention. 35 U.S.C. 101.

Claim, Species

A claim that describes ("reads on") a species of an invention. A generic claim generally reads on all the claimed species of an invention. MPEP 806.04(d).

Claim, Picture

A claim that sets forth an invention in great detail. Also called a Specific Claim.

Claimed Invention

The invention that the inventor(s) claim to have invented and for which he/she/they seek patent protection.

Classification

A subdivision of technology (and, hence, patents) by subject matter. MPEP 903.01.

Colorable Deviation

A small change (in a product or process) from what is claimed that is made soley for the purpose of avoiding literal infringement of the claim.

Completion of Invention

Conception and reduction to practice of an invention. Also called "making an invention". Conception is the formation in the mind of the inventor of a definite and permanent idea of the invention. The reduction to practice may be a constructive reduction to practice (filing of a patent application containing sufficient disclosure to enable a person skilled in the art to make and use the invention) or an actual reduction to practice (making and testing the invention sufficiently to demonstrate to a person skilled in the art that it will work for its intented purpose). MPEP 2138.04, MPEP 2138.05, MPEP 2133.03(c), MPEP 2133.03(e)(3).

Composition of Matter

An invention in which the substance and not the form or shape is the inventive subject matter. Under U.S. law, one of the statutory classes of inventions. 35 U.S.C. 101 MPEP 2105, MPEP 2106.

Comprising

A transitional phrase used in claims that means including, containing, characterized by. The term is inclusive or open-ended and does not exclude additional, unrecited elements or steps. MPEP 2111.03.

Conception

The formation in the mind of the inventor of a definite and permanent idea of the invention. MPEP 2138.04.

Consisting of

A transitional phrase used in claims that excludes any element, step or ingredient not specified in the claim. MPEP 2111.03.

Contemporaneously witnessed

Observed or read and understood by a witness who is not one of the inventors at the time the event occurred.

Continuation

See Application, Continuation.

Continuation Application

See Application, Continuation.

Continuation-In-Part Application

See Application, Continuation-In-Part.

Contributory Infringement

Selling a part of a patented product or a material for use in practicing a patented process that is especially adapted for the patented product or process, done with knowledge of the infringement.

Convention

The Paris Convention for the Protection of Industrial Property. The Paris Convention provides that applicants to file in a second convention country within 12 months of the original filing.

Convention, EPC

The European Patent Convention. An agreement among countries in Europe establishing a system of filing and examination of a single patent application in a central patent office called the European Patent Organization.

Convention Date

See Priority Date.

Copending Application or Copendency

A patent application that is pending (not abandoned or issued) at the same time another, related patent application is pending.

Copyright

A intellectual property right that protects the manner in which an idea is expressed and not the idea itself.

Corresponding Foreign Application

An international patent application or a regional or national patent application or inventor's certificate filed in a country other than the U.S. that establishes a priority date for a later-filed U.S. application. MPEP 201.13.

Corroboration

Evidence provided by other than an inventor that shows that an important event occurred when the inventor said it did. MPEP 2138.01.

Count

A claim made in common by two or more alledged inventors (opposing parties) in legal contest to detemine who was the first inventor, and, hence, who is deserving of a U.S. patent (called an interference). The count defines the interfering subject matter between two or more patent applications or between one or more applications and one or more issued patents. MPEP 2301.02.

Court of Appeals for the Federal Circuit (CAFC or Fed. Cir.)

A U.S. court to which an applicant for patent can appeal a decision of the USPTO Board of Patent Appeals and Interferences. MPEP 1216.

Court of Customs and Patent Appeals (CCPA)

The historical court that reviewed USPTO decisions and decided customs cases, that was replaced by the U.S. Court of Appeals for the Federal Circuit. MPEP 1216.

Cross License

A license between two patent owners wherein each licenses its patent(s) to the other.

Cross Reference

A reference (issued patent) in another class or subclass, or a reference made in a later-filed patent application to a related, earlier-filed application. MPEP 903.02(c), MPEP 202.01.

D

Declaration

A written statement made with the understanding that willfully providing false information is punishable by fines or imprisonment or both. In the U.S., declaration may be used instead of an oath (a sworn statment) to verify that information being submitted to the USPTO is true. MPEP 602, MPEP 715, MPEP 716.

Dedication

An express or implied surrender to the public of an actual or potential patent right. MPEP 1490, MPEP 2138.03.

Defensive Publication

Publication of the abstract of the technical disclosure of a pending patent application if the applicant waived his or her rights to an enforceable patent. The official program at the USPTO that allowed defensive publication has been replaced by the Statutory Invention Registration program. MPEP 711.06, MPEP 1101.

Definiteness

A characteristic of a patent claim in which claim language makes the scope of the claim clear to a person skilled in the art to which the invention pertains. MPEP 2173, MPEP 2173.02, MPEP 2173.05(a).

Dependent Claim

A claim that refers back to and further limits or restrict another claim. MPEP 608.01(n).

Depositing Correspondence

Filing written papers with a patent office. MPEP 502.

Deposition

Testimony of a witness taken under oath, reduced to writing and authenicated.

Design Patent

A patent that protects the visual characteristics of, or aspects displayed by, an object. MPEP 1502, MPEP 1502.01.

Diligence

The activity required of an inventor and his attorney that must have started just prior to the entry into the field of another "inventor" and continue until the invention is reduced to practice, either by building and testing it or filing an enabling patent application. Diligence towards the building and testing of an invention typically includes such activities as ordering parts, fabrication of a prototype or working model, testing of a prototype under the expected conditions of normal use of the invention, etc. Dilegence towards the filing of a patent application typically involves preparation of an invention disclosure, hiring a patent agent or patent attorney, with the patent agent or attorney taking up preparation of the patent application in chronological order. Diligence must be able to be proven and, in an interference proceeding, must be corraborated by a person who is not an inventor. MPEP 2138.06.

Direct Infringement

Making, using or selling a patented invention in the jurisdiction within which the patent is enforcable, or importing a patented invention or a product made using a patented process, during the term of the patent. MPEP 2501.

Disclaimer

An express surrender to the public of an actual or potential patent right. An entire patent can be disclaimed, or any claim or claims in a patent or a terminal portion of the normal term of the patent. MPEP 1490, MPEP 2138.03, MPEP 706.03(u).

Disclosure

Communication to another of how to make and how to use an invention to the extent necessary for the disclosure to meet its purpose. In the U.S, the disclosure of a patent application must be sufficient for a person who is skilled in the art to which the invention pertains to (1) understand what is being claimed (the description requirement) and (2) to enable the person to make and use the invention (the enablement requirement). Also, in the U.S., the best mode of the invention must be disclosed. MPEP 608, MPEP 608.01, MPEP 2161, MPEP 2162.

Disclosure Document Program

A program of the USPTO wherein, for a small fee, the USPTO will maintain a written document disclosing an invention and signed by the inventor in confidence for a period of two years as evidence of the date of conception. Diligent efforts to reduce the invention to practice must still occur from a period before the entry of another inventor into the field until the invention is completed. Many patent agents and patent attorneys recommend that it is better to disclose an invention in confidence to a person who is not an inventor in writing and then have the person sign and date the dislcosure indicating that he/she has "read, discussed and understood the disclosure." MPEP 1706.

Discovery

An invention or, in litigation or interference proceedings, the process of retrieving pretinent information from the opponent's records under a court order.

Disposal

A term used in some countries, including the U.S., to mean that an application has been abandoned, denied (rejected) or allowed (granted). The term is also used to quantify Examiner productivity, i.e., to "count" Examiner actions. MPEP 1705.

Division

See Application, Divisional.

Divisional application

See Application, Divisional.

Doctrine of Equivalents

A legal docrine that allows a court to expand the literal language of claims so that one who has made inconsequential changes in the product or process to avoid infringement will nevertheless be found to be infringing.

Dominated

Covered by one or more claims in a patent.

Dominating Patent

A patent having a claim broad enough to encompass the subject matter of a claim in a subsequent patent. The patentee of a dominating patent can prevent the patentee of the subsequent patent from practicing his/her "improvement" invention. The patentee of the subsequent patent can prevent the patentee of the dominating patent from practicing the "improved" invention only, but not the orginal invention.

DoublePatenting

An improper attempt to obtain more than one patent on the same invention or on an obvious variant of the same invention. MPEP 804, MPEP 804.01, MPEP 804.02.

Double Patenting Rejection

A rejection of a patent claim on the grounds that it is an improper attempt to obtain more than one patent on the same invention or on an obvious variant of the same invention. MPEP 804, MPEP 804.01, MPEP 804.02.

Drawing

A figure filed as part of a patent application to describe and explain an invention. At some point in the proceedings, the drawings must comply with the patent office requirements for formal drawings. MPEP 608.02, MPEP 608.02(a), MPEP 608.02(b).

Duty of Disclosure

A duty imposed on each individual associated with the filing and prosecution of a U.S. patent application to disclose to the USPTO all information known to that individual to be material to the patentability of the claimed invention. MPEP 2001.

E

Effective Date

The date as of which a reference is available as "prior art" in determining the patentability of an invention. The Effective Date of a reference usually something different from the Effective Filing Date of a patent application. MPEP 2126, MPEP 2126.01, MPEP 2128, MPEP 2128.02

Election

The choice by the applicant of the invention to be prosecuted and, hence, the claims to be examined. MPEP 818, MPEP 809.02(a), MPEP 809.02(b), MPEP 818.03(b).

Element of Claim

A (usually indented) portion of the body of a patent claim that describes a feature of an invention and that interrelates the feature with the other features of the invention. MPEP 608.01(m).

Embodiment

One (generally of many possible) concrete (physical) form of an invention as described in a patent application or patent.

Enablement

Support within a disclosure of a claimed invention. Enablement occurs when a person skilled in th art to which the invention pertains is taught how to make and how to use an invention. MPEP 2164, MPEP 2164.01.

Enjoin

Direct or impose by court order.

EPC

See European Patent Convention.

Equivalent

Equal under patent law. MPEP 904.01(b), MPEP 2144.06, MPEP 2183.

European Patent Convention

An agreement among Eurpoean nations that establishes a regional, European patent system.

Examination

Review of a patent application to determine if a claimed invention is patentable. MPEP Introduction.

Examiner

An official of a patent office charged with determining the patentability of inventions claimed in patent applications.

Examiner's Action

A written communication from a patent Examiner that contains requirements and/or documents the reasons behind the Examiner's patentability decisions and usually sets a time for response by the applicant. MPEP 707.

Examining Group

See Art Unit.

Example

An example of one embodiment (implementation) of an invention. If the example is an actual ("working") example, i.e., an example of work actually done, it is described in the past tense. If it is a prophetical example, or if simulated or predicted test results are presented, the present tense is used. MPEP 608.01(p), MPEP 2164.02.

Execute

With reference to a patent application, to sign an oath or declaration. MPEP 601.04, MPEP 602.01

Exhibit

A physical embodiment of an invention; a model or specimen. MPEP 608.03, MPEP 608.03(a).

Ex Parte

A legal proceeding with no adversary, as in a normal patent prosecution.

Experimental Use

A public use of the invention that having the primary purpose is of testing of the invention. Experimental use is allowed in the U.S. and Japan (for a short period) but not in most jurisdictions. MPEP 2133.03(e), MPEP 2133.03(e)(4), MPEP 2133.03(e)(6).

Expiry Date

The date when a patent has run its full term and the invention is no longer protected by it.

Extension of Time

An extension of the "period for reponse" stipulated in an Office action. MPEP 710.02(e).

F

Fee, Filing

The fee charged by a patent office for filing a patent application. MPEP 607, MPEP 509.

Fee, Issue

The fee charged by a patent office for issuing (granting) a patent. MPEP 1306, MPEP 509.

Fee, Maintenance

The periodic fee charge by the U.S. patent office for maintaining a patent in force. MPEP 2501, MPEP 2504, MPEP 509.

Fee, Petition

The fee charged by a patent office for reveiwing a petition filed by an applicant. MPEP 1002.

Federal Circuit

See Court of Appeals for the Federal Circuit (CAFC or Fed. Cir.).

Federal Regulations

The regulations of the departments and agencies of the U.S. Federal Government as published in the Code of Federal Regulations.

Field of Endeavor

The area of technology that an inventor invents within. Also called technical field or field of the invention. MPEP 608.01(c).

Field of the Invention

See Field of Endeavor.

Field of Use

The technical field or market within which an invention is licensed. The licensee mahy not sell the invention within other markets.

Figure Legend

An explanations of what marks mean on a drawing. Patent drawings do not have legends.

File History

The complete file of a patent application containing all related papers prepared by the patent office and the applicant during the prosecution of the application. Also called File Wrapper. MPEP 717, MPEP 717.01.

File Wrapper

The folder in which the file history is kept. See File History. MPEP 717, MPEP 717.01.

File Wrapper Estoppel

A restriction in the interpretation of a claim that exists because of an admission in the record by the applicant.

Filing Date

The date when a sufficiently-complete patent application reaches a patent office. MPEP 506.

Filing Fee

The fee charged by a patent office for processing a patent application. MPEP 607.

Final Action

An Office action that contains a final rejection of one or more claims or another final action. See Final Rejection. MPEP 706.07, MPEP 706.07(a), MPEP 706.07(b).

Final Rejection

A rejection of a claim that is made final on a second or subsequent examination or consideration. After a rejection of a claim is made final, an applicant must generally either agree with Examiner suggestions or appeal the rejection. MPEP 706.07, MPEP 706.07(a), MPEP 706.07(b).

First Action

The first examination on the merits of the claims.

First to File

A system in which the first person to file a patent application on a patentable invention will be awarded a patent. Patent systems in all countries other than the U.S. and the Philippines use this system.

First to Invent

A system in which the first person to invent an invention will be awarded a patent. This system is used in the U.S. and in the Philippines. MPEP 2138.01.

Foreign Filing Date

The date a non-U.S. patent application was filed that establishes priority of invention. MPEP 201.13.

Forfeited Application

An allowed patent application on which the issue fee or a maintenance fee has not been paid within the proscribed period.

Frivolous Invention

An invention that lacks utility because it is frivolous. MPEP 706.03(a).

Front Page Drawing

The drawing selected by the Examiner to appear on the front page of a U.S. patent.

G

General Agreement on Tariffs and Trade (GATT)

An agreement among industrialized nations that contains the Trade-Related Aspects of Intellectual Property Rights (TRIPs) provisions. To comply with TRIPs, Congress amended 35 U.S.C. 104 under which proof of date of invention in a foreign country is allowable if the country is a North American Free Trade Agreement (NAFTA) country for events after December 8, 1993, or a World Trade Organaization (WTO) country for events after January 1, 1996. MPEP 2138.02.

Gebraughsmuster

A German utility patent.

Geschmackmuster

A German design patent. MPEP 201.14(b).

Grant

The issuance of a patent; a right given by a patent office to an applicant that allows the grantee (patentee) to prevent anyone else from using the technology defined in the claims of a patent during the term of the patent. MPEP 2501.

H

Harmonization

The proposed harmonizing of patent laws in different countries to produce essentially one, worldwide patent law.

I

Improvement Patent

A patent claiming an invention that is an improvement or modification of an invention claimed in a prior patent. In some instances, it means a patent that cannot be practiced without infringement of a prior patent.MPEP 2129.

Incorporation by Reference

To supplement the the disclosure of a patent application by making a specific statement in the application that other material is to be considered to be incorporated in the application. MPEP 608.01(p).

Indefiniteness

The opposite of definiteness. See Definiteness.

Indefinite Claim

A claim that fails to particulary point out the claimed invention. MPEP 706.03(d), MPEP 2171, MPEP 2173.

Indemnity from Suit

A situation in which one party has agreed to sue another party, e.g., for patent infringement.

Independent Claim

A patent claim that stands alone in that it does not depend from (contain the limitiations of) any other claim. MPEP 608.01(m).

Inducement to Infringe

An act that encourages another party to infringe a patent.

Information Disclosure Statement (IDS)

A list of all patents, publications and other information submitted by an applicant for patent to the USPTO in discharging his duty of disclosure or to ensure that the Examiner consders the information. MPEP 609.

Infringe

To make, use or sell a patented invention in the jurisdiction and during the term of a patent.

Infringed Literally

A situation wherein an issued patent is infringed (practiced without a license to do so) by a product or process that has all of features of the invention claimed in the patent.

Infringement

The practice of a claimed invention without a license to do so.

Infringement By Equivalents

Infringement in the situation that the infringing product or process does not have exactly the same features as the invention claimed in the patent but that any different feature performs the identical function specified for the claimed feature.

Infringement Under Doctrine of Equivalents

See Infringement By Equivalents.

Inherency

Present in the essential character of something. MPEP 2173.05(v).

Injunction

A writ granted by a court whereby one is required to do or to refrain from doing a specified act.

Intellectual Property

An intangible form of personal property. Patents, copyrights, trademarks, service marks, trade names and trade secrets are examples of intellectual property.

Interference

A priority contest in the USPTO to determine which of two or more parties was the first to invent commonly-claimed subject matter. MPEP 2300.01.

Intervening Rights

A defense to an allegation of infringement. Intervening rights exist when a patent is later reissued with broader claims because of inadvertent errors in claim instruction in the original patent. Any person who practiced the broadened claims prior to the reissue can continue. For such a person, infringement would result only if he or she practiced the surviving, narrower claims. MPEP 1460.

Invalid

Ineffective or void under the law. A patent can be invalided if it was issued in error.

Invention

A solution to a technical problem (i.e., technology) that may or not be patentable.

Invention, Abandoned

See Abandonment of Invention.

Invention Disclosure

From a legal standpoint, a description of an invention that would enable a person skilled in the art to which the invention pertains to build and use the invention. Invention disclosure documents are used for a variety of legal and commercial purposes. See Disclosure.

Inventive Entity

The inventor(s). MPEP 2173.01, MPEP 804.03.

Inventor

See Inventive Entity.

Inventor, Joint

A person who collaborates with another inventor in the conception of an invention. MPEP 605.07, MPEP 2137.01.

Inventorship

The condition of being an inventor under the law. MPEP 2137.01.

Issue

The grant of a patent by a patent office.

Issue Fee

The fee paid by an applicant a patent office prior to the granting of a patent. MPEP 1306.

J

Jepson Claim

A claim that contains in its preamble subject matter that is in the prior art. MPEP 2137.01.

Joint Application

A patent application in which the invention is presented as that of joint inventors. MPEP 201.02.

Joint Invention

An invention conceived by more than one person. See Inventor, Joint.

Joint Inventor

See Inventor, Joint.

K

Knowledgebase

An organized repository of knowledge about a particular subject. For example, a set of U.S. patentability rules is a knowledgebase.

Knowledge-based Expert System

A computer program that uses knowledge and inference procedures for solving a problem that is sufficiently difficult to require a significant amount of human expertise to arrive at a solution.

Kokai

An unexamined Japanese patent application.

Kokoku

An examined and allowed Japanese patent application.

L

Lapse Date

The date when a patent is no longer enforceable in a jurisdiction due to a failure to pay renewal (maintenance) fees. Often, the patent can be reinstated if appropriate fees are paid within a limited period after the lapse date.

Level of Ordinary Skill

The level of skill in the art(s) to which an invention pertains that is used in judging whether a disclosure or claim is enabling. MPEP 2141.03.

License

Any conveyance of a right under a patent that is not an assignment (transfer of ownership).

Limitation

Language in a claim that constrains the breath of a claim.

Literal Infringement

See Infringed Literally.

M

Machine

A device, a product, a physical thing. Under U.S. law, one of the statutory classes of inventions.MPEP 2105, MPEP 2106, MPEP 2114.

Maintenance Fee

See Fee, Maintenance.

Manual of Patent Examining Procedure (MPEP)

A document that contains a description of the practices and procedures of the USPTO.

Manufacture

One of the classes of patentable subject matter under U.S. law. MPEP 2105.

Markush Claim

See Claim, Markush.

Markush Group

In a claim, a finite group from which an element is selected. See Claim, Markush.

Means for Claim

A patent claim that recites an element as a means for accomplishing a particular function. MPEP 2181.

Mode, Best

See Best Mode.

Means-Plus-Function Claim

See Means for Claim.

Means Plus Function Language

See Means for Claim.

Method

One of the classes of patentable inventions (a process) under U.S. law. MPEP 706.01(a).

Misuse

Using a patent right inappropriately, for example, for forcing a license to purchase a prodict that is not covered by the claims of the patent.

Model

See Exhibit.

Multiple Dependent Claim

A dependent claim that refers back in the alternative to more than one preceding independent or dependent claim. MPEP 608.01(n).

N

Negative Claim Limitation

See Negative Limitation.

Negative Limitation

A claim limitation that is excusive, e.g., "other than X" "incapable of X", etcetera. MPEP 2173.05(i).

New Issue

A patentability issue or question that had not arisen previously in the examination of an application.

New Matter

Matter (information) that is not present in the original specification, claims or drawings that an applicant attempts to add to a patent application. MPEP 608.04, MPEP 608.04(a), MPEP 608.04(b).

New Use

One of the classes of patentable subject matter under U.S. law.

Non-Convention Application

A patent application filed in a second, or subsequent country which does not claim the priority of another, earlier application in another country.

Non-Obviousness

The opposite of obviousness. See Obviousness.

Nonprovisional Patent Application

A type of U.S. utility patent application that must contain at least one claim and can issue as a patent. MPEP 201, MPEP 601, MPEP 601.01(a)..

Notice of Allowance and Issue Fee Due

A notice by the USPTO that the application has been placed in a condition for allowance and that the issue fee must be paid within three months of the mailing date of the notice. MPEP 1303.

Notice of Appeal

See Appeal, Notice of.

Novelty

New; not anticipated by (taught by) the prior art. MPEP 2131.

O

Oath

A sworn statement. In the U.S., declaration may be used instead of an oath to verify that information being submitted to the USPTO is true. See Declaration. MPEP 602, MPEP 715, MPEP 716.

Object of the Invention

A desired characteristic of an invention. MPEP 608.01(d).

Obviousness

A characteristic that makes an invention predicable to a person having ordinary skill in the art who has knowledge of all of the prior art. No "inventive step" was involved in conceiving the invention. One of the most difficult terms in patent law to define and understand. MPEP 2141, MPEP 2141.01, MPEP 2141.02, MPEP 2141.03, MPEP 2142.

Offer to Sell

An activity that can bar obtaining a patent in some jurisdictions if the activity occurs a sufficient period of time before a patent application on the invention is filed. MPEP 2133.03(b), MPEP 706.02(c).

Office Action

See Action.

Official Action

See Action.

Official Gazette

A publication of the USPTO in which new patents and trademarks are announced. Published weekly in two editions, one for patents and one for trademarks.

O.G.

See Official Gazette.

Old Application

An application that, having been acted on by an Examiner, has, in turn, been acted on by the applicant. MPEP 203.03.

One-Year Grace Period

The one-year period that starts on the date that an invention is used publicly, offered for sale, patented or published anywhere in the world during which period a U.S. patent application must be filed to avoid a bar. MPEP 2133.

On Sale

See Offer to Sell.

Open for Public Inspection

The date upon which a patent application is first made available to the public.

Opinion, Patentability

An opinion offered by a patent agent or a patent attorney as to whether a claimed invention is likely to be deemed patentable by a patent office in view of the prior art made available to him/her.

Opinion, Validity

An opinion offered by a patent agent or a patent attorney as to whether the claims of an issued patent would likely be upheld by a court in view of the facts made available to him/her.

Opposition

A procedure available in most countries (but not the U.S.) whereby a third party may request that a patent not issue or that an issued patent be invalidated.

Original Application

A patent application that is not a reissue application. MPEP 201.04(b).

P

Parent Application

An earlier regular (nonprovisional) patent application of an inventor disclosing a given invention. MPEP 201.04.

Paris Convention

See Convention.

Patent

A grant by a patent office giving the grantee the right to exclude others from practicing a claimed invention in the jurijurisdiction of the patent office.

Patentability

The issue of whether an invention is capable of being patented in a particular jurisdiction. A type of evaluation that addresses whether a particular invention is patentable in a particular jurisdiction.

Patentable

Capable of being patented in a particular jurisdiction. The ability of an invention to satisfy the legal requirements for patentability in a particular jurisdiction.

Patentable Subject Matter

An invention that is capable of bing patented.

Patent Agent

A person who is not an attorney who can legally represent an inventor or applicant in dealing with a patent office. MPEP 401.

Patent Application

A document filed by an inventor or applicant with a patent office that discloses and claims an invention and that requests that the patent office grant the inventor or applicant the right to exclude others from practicing the invention.

Patent Attorney

A person who is an attorney who can legally represent an inventor or applicant in dealing with a patent office. MPEP 401.

Patent Cooperation Treaty (PCT)

A treaty that set up a system for searching and, optionally, examination of patent applications.

Patentee

The person is whose name a patent issues; in the U.S., the inventor(s) in whose name(s) a patent issues, even though the patent may have been assigned to another.

Patent Examiner

See Examiner.

Patent Family

All the patent application and patent documents that relate to he same invention regardless of the patent office involved. The patent family concept is used in patent searching, e.g., to find a published patent application (PCT, EPO, etc.) that corresponds to a (secret) U.S. patent application. MPEP 905.06.

Patent Marking

The marking of a patent-pending item "Patent Pending" or marking a patented item with one or more of the patent numbers. Marking gives a potential infringer notice of the fact that a patent is pending or has issued. Marking an invention "Patent Pending" is not allowed in some countries. The marking can be either on the item or on its packaging.

Patent Misuse

See Misuse.

Patent Number

The number assinged to an issued patent by a patent office.

Patent Owner

The owner of patent property rights.

Patent Pending

The condition that occurs between the time that a patent application has been filed on an invention and the deposition of that application either by abandonment of the application or issue of the patent.

Patent Search

A study of the patent literature to determine the state of the art in a particular field; a study of the patent literature in a particular field to determine whether the prior art in the field renders a particular invention anticipated or obvious, and, hence, unpatentable.

Patentschrift

A granted German patent application.

Patent Term

The period during which a patent is valid.

Patent Watch

The process of continuously monitoring newly published patent applications and issued patents in a particular field.

Pending

The status of a patent application that occurs before either an application is abandoned (withdrawn) or a patent issues.

Pending Patent Application

A patent application that is pending. See Pending.

Person Skilled in the Art

A fictitious person who has knowledge of all prior art and who has ordinary skill in the art to which the invention pertains. MPEP 2141.03.

Petition

A request that the Commissioner of Patents and Trademarks review and supervise the work of an employee of the Office. MPEP 1001.01.

PetitionforCertiorari

A petition to the U.S. Supreme Court to review the decision of a lower court.

Petition for Extension of Time

A petition requesting an extension of the time period for response to an Office action. Payment of a fee is sometimes required. MPEP 710.02(e).

Petition to Revive

A petition that a patent application be revived from either unintentional or unavoidable abandonment. MPEP 711.03(c).

Petition

A written communication to a higher authority within a patent office seeking review of a decision of an Examiner concerning other than the rejection of a claim. MPEP 1002, MPEP 1201.

Pioneer Invention

An invention that breaks new ground in a technological art or that creates a new art.

Pioneer Patent

A patent on an invention that breaks new ground in a technological art or that creates a new art.

Plant Patent

A U.S. patent that claims an asexually propagated plant. MPEP 1601.

Preamble of Claim

The part of the claim that precedes the transitional phrase. Often the preamble states the purpose of the invention, as in "A device for transporting cars . . . ."

Precedent

A legal decision that serves as an example or rule upon which a subsequent decision can be based.

Preliminary Amendment

An amendment to a patent application filed simultaneously with the filing of the patent application or an amendment to a patent application filed before the Examiner mails the first action on the merits of the application. MPEP 608.04(b), MPEP 714.09.

Preliminary Examination

The examination of an international patent application that is conducted by an International Preliminary Examination Authority. MPEP 1860.

Preliminary Examination Report

A report notifying an applicant of the results of an International Preliminary Examination. MPEP 1860.

Preliminary Statement

In an interference proceeding, a statement made under oath that sets out who made an invention and where and when it was made. MPEP 2321, MPEP 2322.

Presumption of Validity

An presumption that a patent issued by a patent office is valid.

Prima facie

Latin for "on its face." Sufficient evidence to raise a presumption of fact, unless rebutted. MPEP 2001

Printed Matter

A publication. MPEP 2128

Prior Art

Technology that was available prior to either the date of invention or the filing date of the application, depending on the patent office rule under consideration. Availability can be based on such factors as public use, secret sale, publication, public knowledge, etc. depending on the patent law of the jurisdiction in which the patent is being sought. MPEP 2126, MPEP 2126.01, MPEP 2127, MPEP 2128, MPEP 2128.01, MPEP 2128.02.

Prior Art Reference

A citation of prior art. See Prior Art.

Prior Public Use

Display of an unpatented invention under circumstances in which the invention enters the public domain. MPEP 2133.01(a).

Priority

The quality or state of being prior. Precedence in completing an invention.

Priority Date

The filing date of the first patent application disclosing an invention, which filing date has occurred no more than 12 months before the filing date of a later-filed patent application claiming the priority date of the first application. MPEP 201.13, MPEP 201.13(b), MPEP 1828.

Priority Document

A certified copy of a patent application filed no more than 12 months before the filing date of the later-filed application claiming the priority date of the earlier-filed application. MPEP 201.13, MPEP 201.13(b), MPEP 201.14, MPEP 1828.

Process

A method of making something, a process of operating something or a process of using something. Under U.S. law, one of the statutory classes of inventions. MPEP 2106, 35 U.S.C. 101.

Product

A machine, an article of manufacture or a composition of matter. See Machine, Article of Manufacture, Composition of Matter. MPEP 2106.

Product By Process Claim

A patent claim that describes a product invention by descibing the process that is used to make it.

Product of Nature

A thing occurring in nature that is substantially unaltered by Man. An essentially pure culture of a microorganism does not occur in nature and is not, therefore, a product of nature. Neither is a genetically-engineered organism a product of nature. MPEP 706.03(a), MPEP 2105.

Prolix Claim

A claim that contains long recitations or unimportant details that render the claim indefinite. MPEP 2173.05(m).

Property

An object of ownership whereby the owner can exclude others from its enjoyment.

Proprietary Information

Information that is not generally known and that has competitive value, e.g., trade secrets and business information not generally known.

Pro se Applicant

An applicant for patent (inventor) who is representing himself/herself. MPEP 401, MPEP 707.07(j).

Prosecution

The process of fact finding and negotiation of patent claim language that occurs during the time that a patent application is pending and under examination at a patent office.

Prosecution History

The history of the prosecution of a patent application. See Prosecution.

Prosecution History Estoppel

See File Wrapper Estoppel.

Protest

A communication by a member of the public to a patent office arguing and providing evidence that the granting of a patent would be improper. MPEP 1901.

Provisional Application

A type of U.S. utility patent application that is used to establish priority of invention. It need not contain a claim and cannot issue as a patent. MPEP 201.04(b), MPEP 601, MPEP 601.01(b).

Publication

Any document that is available to the public anywhere in the world. MPEP 2128, MPEP 2128.01, MPEP 2128.02.

Public Sale

A sale or offer to sell an invention to a member of the public. A sale need not be public to bar a patent under U.S. law. MPEP 2133.03, MPEP 2133.03(b).

Public Use

Utilization of a completed invention in a nonexperimental manner in public, i.e., under conditions permitting a party who is not under an obligation of secrecy to observe the invention. MPEP 2133.03, MPEP 2133.03(a).

Published Application

A patent application that has been published by a patent office during its prosection (before issue).

Published Patent Application

See Published Application.

Q

Quayle Action

An action requiring correction of informalities after an application is otherwise in condition of allowance. MPEP 714.14, MPEP 706.07(f), MPEP 710.02(b).

R

Rationale for Patentability

The reasoning behind a decision that a claimed invention is patentable. MPEP 1302.14.

Reads On

A claim includes within its scope certain subject matter.

Reduction to Practice, Actual

Building a physical embodiment of an invention and testing it under conditions that would indicate to a person skilled in the art that the invention was useful. MPEP 2138.05.

Reduction to Practice, Constructive

Filing a patent application that explains how to make and how to use an invention in sufficient detail that a person skilled in the art could practice the invention. MPEP 2138.05.

Reexamination

Examination of the patentability of an invention claimed in an issued U.S. patent at the request of the USPTO, the patent owner or a third party. MPEP 2209, MPEP 2210.

Reference

A document that discloses subject matter that is material to a determination of the patentability of a claimed invention. MPEP 2126, MPEP 2126.01, MPEP 2126.02, MPEP 2127, MPEP 2128.

Reference Character

A numeral or letter used to identify an element on a patent drawing.

Reinstatement

Restoration of the enforceability of a patent.

Reissue

The issue of a patent that was issued previously in order to correct an error in the patent. MPEP 1401, MPEP 1402.

Reissue Application

A U.S. patent application that is refiled after a patent issues in order to correct one or more errors in the patent that occurred without deceptive intent. MPEP 1401, MPEP 1402, MPEP 1403.

Reissue Patent

A corrected U.S. patent that issues from an allowed reissue application. MPEP 1401, MPEP 1402, MPEP 1403.

Rejection

The refusal of a patent Examiner to allow a claim based on specific legal grounds. MPEP 706, MPEP 706.01.

Rejection, Final

A rejection of a claim that occurs on the second or any subsequent examination of its patentability. After the final rejection of a claim occurs, the only recourses of an applicant are to argue that the final rejection was premature, to appeal the rejection or to amend the claim in accordance with any suggestion of the Examiner. The Examiner may allow the applicant to place the claim in better form for appeal. One interview with the Examiner will be allowed, if in the judgment of the Examiner, circumstances warrent the interview. See Rejection. MPEP 706.07, MPEP 706.07(a).

Renewal Fee

The periodic fee charge by a patent office for maintaining a patent in force. MPEP 2501, MPEP 2504, MPEP 509.

Request for Reconsideration

A written communication to a patent office asking that a decision be reconsidered. MPEP 714.13, MPEP 818.03, MPEP 1214.01, MPEP 1214.03.

Restriction

A requirement by an Examiner that an applicant choose which of multiple claimed, distinct inventions disclosed in a patent application that he/she wishes to be examined. MPEP 802, MPEP 802.02, MPEP 803.

Revival of Abandoned Application

To reinstate a patent application that has been abandoned (relinquished), either by express abandonment or by inaction. Abandonment by inaction typically involves failure to take a required action (e.g., filing a incomplete response or not paying a fee) during the statutory period for taking the action. A U.S. patent application that was unavoidably or unintentionally abandoned, can be revived by petition. MPEP 711.

Revocation

Withdrawing the protections associated with a patent grant.

Right of Priority

The right to priority of invention established by filing the first patent application in an appropriate patent office. MPEP 201.13, MPEP 201.13(a), MPEP 201.13(b).

Routineer

A person having ordinary skill in an art. See Person Skilled in the Art.

S

Search Report

A report containing a list of citations of prior art references that, in the opinion of the searcher, are material to the patentability of a claimed invention. A search report often presents an opinion of patentability. MPEP 707.05, MPEP 707.05(a), MPEP 1844.

Secondary Considerations

Objective evidence of non-obviousness. MPEP 2141, MPEP 716.01(a).

Serial Number

An identifying number given to each patent application by the USPTO as of the day it is received or made complete. MPEP 503.

Sequence Rules

Rules promulgated by a patent office that concern the form of disclosures of inventions that contain nucleotide sequence data and/or amino acid sequence data. MPEP 2420, MPEP 2421.01, MPEP 2421.02.

Service Mark

A word, name, symbol or device, or any combination thereof, used to identify and distinguish the services performed by a particular entity form those performed by its competitors.

SIR

See Statutory Invention Registration.

Small Entity

An independent inventor, a small business or a non-profit organization. The USPTO reduces the amount of certain fees that it charges small entities by 50 percent. MPEP 509.02, MPEP 509.03.

Specification

The description, drawings and claims of a patent application. MPEP 608.01, MPEP 608.01(a), MPEP 2161.

Special Status

A status granted U.S. patent applications that have certain characteristics upon successful petition to the USPTO. Applications granted special status are given a higher priority for examination. MPEP 708.02.

Status

The legal standing of a patent appplication or patent. MPEP 102.

Statutory Bar

A bar to patentability established by law. MPEP 2133.

Statutory Invention Registration (SIR)

Registration of an invention with the USPTO to place an invention in the public domain. The disclosure of an application for a Statutory Invention Registration is equivalent to the specification and drawings of a patent application. MPEP 1101.

Statutory Period

The period within which a response be filed with the USPTO if abandonment of the application is to be avoided. MPEP 710.01, MPEP 710.01(a), MPEP 710.02, MPEP 710.02(b).

Statutory Subject Matter

Patentable subject matter. MPEP 2105.

Substantive Examination

The examination of a patent application by a patent office to determine whether a patent should be granted on the claimed invention.

Substitute Patent Application

A patent application that is a duplicate of an earlier application by the same applicant abandoned before the filing of the later application. MPEP 201.09.

Substitute Specification

A rewritten specification of a patent application filed after the filing date of the application that corrects some error but that does not introduce new matter. MPEP 608.01(q).

Surrender of Patent

An act that occurs concurently with the filing of a reissue patent application in the USPTO. MPEP 1416.

Swearing Back of Reference

Removing a reference (e.g., publication) from the prior art by providing evidence to the USPTO that either (1) conception of the invention occurred prior to the effective date of the reference and the inventor was diligent in reducing the invention to practice from just before the effective date of the reference until reduction to practice occurs or (2) completion of the invention(reduction to practice) occurred before the effective date. MPEP 715, MPEP 706.02(b), MPEP 706.02(k).

T

Teaching Away

The situation in which a prior art reference suggests that a claimed invention is not possible, e.g., would not work. MPEP 2145.

Technical Field

The field of art to which the invention pertains. MPEP 608.01(c).

Technology Manager

The person in a public-sector or private-sector organization who is responsible for managing the intellectual property of the organization. Various titles are used for the position, including Technology-Transfer Officer, Licensing Associate, etc. The Association of University Technology Managers (AUTM) has over 1,200 members. Another such organization, the Licensing Executives Society (LES), has over 6,000 members worldwide.

Term of Patent

The period during which a patent can be inforced. MPEP 2501.

Terminal Disclaimer

A document filed with the USPTO by an applicant, assignee or patent attorney or agent wherein a terminal portion of the normal term of the patent is given up. MPEP 1490.

Title of Invention

A brief but technically accurate name for the invention. MPEP 606.

Trade Name

A name used to identify a business entity.

Trade Secret

Information kept secret by an organization for the purpose of maintaining a competitive advantage.

Trademark

A word, name, symbol, or device, or any combination thereof, used by a manufacturer or by a vendor in connection with a product.

Transition of Claim

Traverse

To dispute the decision of an Examiner. In proceedings before the USPTO, failing to traverse an Examiner's reliance on alleged "common knowledge" or information that is alleged to be "well known" in the art can result in the allegation becoming an admission, and, hence, "fact" even though it is no true. MPEP 714.02, MPEP 2144.03, MPEP 818.03, MPEP 818.03(b), MPEP 818.03(c).

U

Undue Experimentation

An amount of experimentation required to practice a disclosed invention that would be unreasonable. MPEP 2164.01, MPEP 818.03(c).

Unenforceable

A determonation by a court that a patent cannot be enforced against a party that would otherwise be infringing its claims, because the patent is defective.

United States Code

The laws of the U.S.

United States Patent and Trademark Office (USPTO)

The agency of the U.S. Federal Government responsible for administering the country's patent system.

United States Patent and Trademark Office Code of Federal Regulations (CFR)

The regulations promulgated by the USPTO.

Unobvious

The state of a claimed invention's not being obvious to a person having ordinary skill in the art to which the invention pertains. Also called non-obvious. See Obviousness.

Unreasonable Experimentation

See Undue Experimentation.

Useful

Having some practical utility; fit for some desirable practical or commercial purpose. One of the three requirements for patentability under U.S. law. MPEP 706.03(a), MPEP 2107, MPEP 2107.01, MPEP 2107.02.

Utility

See Useful.

Utility Model

A type of patent available in some countries that requires less inventiveness than necessary to obtain a patent.

Utility Patent

A patent that covers a technology.

V

Valid

Sound and justified; meeting the test of patentability.

Validity

The issue of whether a patent is valid. See Valid.

Verified Statement/Showing

A verfied statement is one made with the stated knowledge that false statements and the like are punishable by fine or imprisonment, or both, and may jeeopardize the validity of the application or any patent that issues from it. A showing is evidence that the statement is true.

W

WIPO

World Intellectual Property Organization, an agency of the United Nations, that acts as a coordinating body for patent systems and procedures, as well as for trademark and copyright matters. MPEP 1801.

Withdrawal

The permanent abandonment of a PCT patent application either before or after publication. Priority claims as well as elections of States and the Demand may also be withdrawn. MPEP 1859, MPEP 1880.

Worked or Working

The condition of having met a country's requirement that an invention be put to use in some way. Most countries require "working" of a patent within a specified time after grant. Conditions for "working" requirements vary widely, from publication of availability of licenses to actual manufacture or sale of a product that embodies the claimed invention.

Written Description

A description (disclosure) of an invention that is written in a patent application. A requirement that a patent application clearly convey what the inventor(s) considered his/her/their invention to be to a person skilled in the art. MPEP 2163.

X

Y

Z