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Patent Applications
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the administrative and legal framework of the patent office. To obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with the jurisdiction to grant a patent in the geographic area over which coverage is required. This is often a national patent office, but may be a regional body, such as the European Patent Office. Once the patent specification complies with the laws of the office concerned, a patent may be granted for the invention described and claimed by the specification. The process of "negotiating" or "arguing" with a patent office for the grant of a patent, and interaction with a patent office ...
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Patent Office
A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent offices are government bodies that may grant a patent or reject the patent application based on whether the application fulfils the requirements for patentability."European Commission''Pharmaceutical Sector Inquiry, Preliminary Report (DG Competition Staff Working Paper)'' 28 November 2008, page 89 (pdf, 1.95 MB). List of patent offices For a list of patent offices and their websites, see the World Intellectual Property Organization (WIPO) maintained listhere ''The entries shown in italics are regional or international patent offices.'' *''African Regional Intellectual Property Organization'' (ARIPO) *Intellectual Property Agency of Armenia (AIPA) *IP Australia (IPA) *Corporate Affairs and Intellectual Property Office, Barbados Corporate Affairs and Intellectual Property Office (CAIPO) *Canadian Intellectual Property Office (CIPO) *Chinese National ...
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African Regional Intellectual Property Organization
The African Regional Intellectual Property Organization (ARIPO), formerly African Regional Industrial Property Organization, is an intergovernmental organization for cooperation among African states in patent and other intellectual property matters. ARIPO was established by the Lusaka AgreementSee thlist of ARIPO-administered treaties at WIPO website. Consulted on July 4, 2013. of 1976. It has the capacity to hear applications for patents and registered trademarks in its member states who are parties to the Harare (patents), Banjul (marks) and Arusha ( plant varieties) protocols. ARIPO also features a protocol on the protection of traditional knowledge, the Swakopmund Protocol, signed in 2010 by 9 member states of the organization which entered into force on May 11, 2015, and was amended on December 6, 2016. ARIPO has the WIPO ST.3 code AP. Its 22 member states are mostly English-speaking countries. Rwanda became the 18th member state on March 24, 2010,ARIPO web siteRwanda Joins ...
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Novelty
Novelty (derived from Latin word ''novus'' for "new") is the quality of being new, or following from that, of being striking, original or unusual. Novelty may be the shared experience of a new cultural phenomenon or the subjective perception of an individual. From the meaning of being unusual usage is derived the concept of the novelty dance (a type of dance that is popular for being unusual or humorous); the novelty song (a musical item that capitalizes on something new, unusual, or a current fad); the novelty show (a competition or display in which exhibits or specimens are in way some novel); and novelty architecture (a building or other structure that is interesting because it has an amusing design). It is also this sense that applies to a novelty item, a small manufactured adornment, toy or collectible. These, in turn are often used as promotional merchandise in marketing. The chess term, novelty, is used for a move in chess which has never been played before in a recorde ...
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Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called "substantive examination" of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be considered ...
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Patent Claims
In a patent or patent application, the claims define in technical terms the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. The claims particularly point out the subject matter which the inventor(s) regard as their invention. In other words, the purpose of the claims is to define which subject matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of paramount importance in both prosecution and litigation. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method for computing future life expectancies, said meth ...
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Sufficiency Of Disclosure
Sufficiency of disclosure or enablement is a patent law requirement that a patent application disclose a claim (patent), claimed invention in sufficient detail so that the person skilled in the art could carry out that claimed invention. The requirement is fundamental to patent law: a monopoly is granted for a term of patent, given period of time in exchange for a disclosure to the public how to make or practice the invention. Background The disclosure requirement lies at the heart and origin of patent law. An inventor, or the inventor's Assignment (law), assignee, is granted a monopoly for a given period of time in exchange for the inventor disclosing to the public how to make or practice their invention. If a patent fails to contain such information, then the bargain is violated, and the patent is unenforceable or can be revoked. Inventors who do not wish to teach the world about their invention still have some protection under trade secret law, which protects valuable secrets ...
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Standard Application
Standard may refer to: Symbols * Colours, standards and guidons, kinds of military signs * Standard (emblem), a type of a large symbol or emblem used for identification Norms, conventions or requirements * Standard (metrology), an object that bears a defined relationship to a unit of measure used for calibration of measuring devices * Standard (timber unit), an obsolete measure of timber used in trade * Breed standard (also called bench standard), in animal fancy and animal husbandry * BioCompute Standard, a standard for next generation sequencing * ''De facto'' standard, product or system with market dominance * Gold standard, a monetary system based on gold; also used metaphorically for the best of several options, against which the others are measured * Internet Standard, a specification ratified as an open standard by the Internet Engineering Task Force * Learning standards, standards applied to education content * Standard displacement, a naval term describing the we ...
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USPTO
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The office is headed by the under secretary of commerce for intellectual property and director of the United States Patent and Trademark Office. , Coke Morgan Stewart is acting undersecretary and director, having been appointed to the position by President Trump on January 20. The U ...
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Provisional Patent Application
A provisional application is a patent application filed at the intellectual property offices of some countries. It does not mature into an issued patent and is deemed abandoned one year after its filing. It is used to secure a filing date for a subsequent non-provisional patent application claiming priority of the provisional application. There is no such thing as a "provisional patent".David Pressman, ''Patent It Yourself'', Nolo Press, 2006, page 56, . The same term is used in past and current patent laws of different countries with different meanings. History The provisional application was introduced to U.S. patent law with a 1994 amendment of the Patent Act of 1952. A 12-month benefit of priority to foreign-filed applications had been a part of U.S. patent law since the 1901 U.S. ratification of the Brussels revision of the Paris Convention for the Protection of Industrial Property. Characteristics Under U.S. law, a provisional application, as such, is never exami ...
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Design Patent
In the United States, a design patent is a form of legal protection granted to the ornamental design of an article of manufacture. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers (Fig. 1) and computer icons are examples of objects that are covered by design patents. A similar intellectual property right, a registered design, can be obtained in other countries. In Kenya, Japan, South Korea and Hungary, industrial designs are registered after performing an official novelty search. In the countries of the European Community, one needs to only pay an official fee and meet other formal requirements for registration (e.g. Community design at EUIPO, Germany, France, Spain). For the member states of WIPO, cover is afforded by registration at WIPO and examination by the designated member states in accordance with the Geneva Act of the Hague Agreement. This allows for broad worldwide coverage of a design by filin ...
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Plant Patent
Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted in certain places to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years. The system of Plant breeders' rights is considered a sui generis form of intellectual property rights. With these rights, the breeder can choose to become the exclusive marketer of the variety, or to license the variety to others. In order to qualify for these exclusive rights, a variety must be new, distinct, uniform, and stable. A variety is: *''new'' if it has not been commercialized for more than one year in the country of protection; *''distinct'' if it differs from all other known varieties by one or more important botanical characteristics, such as height, maturity, color, etc.; *''uniform'' if the plant charact ...
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Utility Patent
This is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention. A Abandonment Abandonment refers to the cessation of a patent application’s progress due to the applicant’s failure to make a bona fide attempt to advance the patent application to a final conclusion. Abandonment in patent prosecution can occur either voluntarily or involuntarily: * Voluntary abandonment (also called “express abandonment” or “formal abandonment”) occurs when the applicant explicitly communicates their intent to withdraw the application from consideration. * Involuntary abandonment happens when the applicant fails to meet specific requirements, such as failing to respond to an office action or failing to paying required fe ...
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