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Effective
Date: The
date the patent is available as a reference is generally the date that
the patent becomes enforceable. |
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Election
(PCT): An indication made by applicant, in the Demand for an
International Application filed under the patent cooperation treaty, as
to the Contracting States in which applicant intends to use the results
of the international preliminary examination. |
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Element:
A discretely claimed component of a patent claim. |
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Embodiment:
A manner in which an invention can be made, used, practiced or expressed. |
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Enablement:
The specification in a patent application must describe the invention in
a manner that would enable one with ordinary skill in the art to make
and use the invention without an undue amount of experimentation. |
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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. The period of enforceability of a patent is the length of the
term of the patent plus the six years under the statute of limitations
for bringing an infringement action. |
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Examination:
The study of a patent application in the governing patent and trademark
office, by an examiner, to determine whether or the invention described
therein can be patented. The major consideration the examiner addresses
is the novelty and utility of the invention, among other things. |
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Examiner:
employees of the U.S. Patent & Trademark Office who conduct prior
art searches and determine whether the patent application complies with
the substantive and procedure requirements for the grant of the patent. |
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Examiner’s
Amendment: An informal examiner's amendment may be used for the
correction of obvious errors and omissions only in the body of the
written portions of the specification and may only be made with pen by
the examiner of the application who will then initial in the margin and
assume full responsibility for the change. |
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Exclusive
License:
an agreement granted by a patent owner to one party, exclusive right of
usage. The licensee is said to "own" the rights granted in the
license as long as the licensee holds up to the agreement as stated
within the licensing contract. |
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Execute:
the signing of an oath or declaration, and swearing to that oath as
required by law. |
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Ex
Partes Reexamination:
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 which that person states to be pertinent and applicable to
the patent and believes to have a bearing on the patentability. If the
request for ex parte reexamination is filed by a third party and not the
patent owner, the third party may not participate in the ex parte
proceedings beyond the filing of a reply to the patent owner's statement
under §1.530, if the patent owner files a statement. No other reply or
submission by a third party will be considered in ex parte
reexamination. |
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Expiry:
The date when the invention is no longer protected and or when an
invention's patent protection lapses. This may correspond with the end
of the "term" of the patent. |
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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 abandonment
becomes effective when an appropriate official of the Office takes
action thereon. Express
abandonment of the application may not be recognized by
the USPTO before the date of issue or publication unless it is actually
received by appropriate officials in time to act. Abandonment may be
either of the invention or of an application. An abandoned application,
in accordance with 37 CFR 1.135 and 1.138, is one which is removed from
the USPTO docket of pending applications. |
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Express
Mail Mailing Label: patent correspondence delivered to
the USPTO via the "Express Mail Post Office to Addressee"
service of the United States Postal Service (USPS) which is considered
filed in the Office on the date of deposit with the USPS, shown by the
"date-in" on the "Express Mail" mailing label. |
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