P Glossary of patent law terms

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1.1 patent
1.2 patent ambush
1.3 patent application locating , monitoring system (palm)
1.4 patent caveat
1.5 patent classification
1.6 patent drawing
1.7 patent family
1.8 patent flooding
1.9 patent infringement
1.10 patent misuse
1.11 patent model
1.12 patent monetization
1.13 patent pending
1.14 patent pool
1.15 patent portfolio
1.16 patent thicket
1.17 patent troll
1.18 patent watch
1.19 patentability
1.20 patentability opinion
1.21 patentable subject matter
1.22 patentee
1.23 pay-for-delay
1.24 pct application
1.25 pct direct
1.26 person having ordinary skill in art
1.27 petition make special
1.28 petty patent
1.29 phosita
1.30 piracy
1.31 pre-grant publication
1.32 prior art
1.33 priority right
1.34 problem-solution approach
1.35 prosecution history estoppel
1.36 provisional application
1.37 provisional (patent) rights or provisional protection

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patent

a territorial right prevent others commercially exploiting invention, granted inventor or successor in rights in exchange public disclosure of invention. patent regarded specific type of intellectual property right, , granted limited period of time, term of patent.

patent ambush

a patent ambush occurs when member of standard-setting organization withholds information, during participation in development , setting standard, patent member or member s company owns, has pending, or intends file, relevant standard, , subsequently company asserts patent infringed use of standard adopted.

patent application locating , monitoring system (palm)

the patent application locating , monitoring system (palm) used support reexamination process inside uspto. reexamination examination of granted patent, can result in revocation of patent. palm system used both image file wrappers , paper file wrappers. see manual of patent examination , procedure, section 2235.

patent caveat

formerly, in united states patent law, legal document filed united states patent office. caveats discontinued in 1909. caveat patent application description of invention , drawings, without claims. official notice of intention file patent application @ later date.

patent classification

classification of patents in technological areas convenient retrieval during prior art searches.

patent drawing

technical drawing in patent application, illustrates invention. may required law in particular form.

patent family

a group of patents related common priority claim.

patent flooding

patenting every possible way of doing something.

patent infringement

commercially exploiting invention claimed in patent without permission of patentee.

patent misuse

in united states patent law, affirmative defense used in patent litigation after defendant has been found have infringed patent.

patent model

a miniature model shows how invention works.

patent monetization

the generation of revenue or attempt generate revenue person or company selling or licensing patents owns.

patent pending

the plate of martin ejector seat of military aircraft, stating patents pending in other dominions , foreign countries . dübendorf museum of military aviation.

a warning patent application has been filed invention integrated in product. warning indicates applicant(s) may entitled rights if patent has not been granted yet, or applicant(s) entitled rights once patent granted.

patent pool

a consortium of @ least 2 companies agreeing cross-license patents , other ip rights relating particular technology.

patent portfolio

a collection of patents owned single entity, such individual or corporation.

patent thicket

a dense web of overlapping intellectual property rights company must navigate through in order commercialize new technology.

patent troll

a person or company enforces patent rights against accused infringers in attempt collect licensing fees, not manufacture products or supply services based upon patents in question. called patent assertion entity (pae) or non practicing entity (npe).

patent watch

a process monitoring newly issued patents on periodic basis see if of these patents might of interest.

patentability

a set of substantive requirements patent granted. invention satisfying these requirements said patentable.

patentability opinion

an opinion whether invention might patentable. such opinion may established patent attorney assist inventor or company deciding whether file patent application.

patentable subject matter

patent systems exclude areas grant of patents. material not excluded known patentable subject matter.

patentee

one whom patent granted. called patent holder or patent proprietor .

pay-for-delay

a deal under company holding patent on drug pays generic manufacturer delay launch of cheap copy of drug.

pct application

a patent application filed under patent cooperation treaty (pct). called international application .

pct direct

a procedural scheme launched in 2014 european patent office (epo). scheme consists in allowing applicant filing pct application claiming priority earlier application searched epo reply –at time of filing pct application– objections raised in search opinion drawn priority application.

person having ordinary skill in art

a notional person having typical knowledge of particular field or art, used such assess whether invention nonobvious or whether specification of patent enables 1 practice claimed.

petition make special

a united states patent law procedure requests u.s. patent , trademark office accelerate patent s prosecution, based on showing conditions met. example, if inventor old or sick, or field of invention favored area of science enriches people s lives, u.s. pto may allow such petition.

petty patent

phrase used refer utility models , gebrauchsmuster, specific forms of patents inventions granted shorter term, i.e. 6 or 10 years instead of 20 years. in jurisdictions, patentability criteria applicable petty patents less stringent applicable 20-year patents. see innovation patent.

phosita

in united states, abbreviation person having ordinary skill in art .

piracy

pejorative term. refers willful infringement of patent. may applied vigorous enforcement of patent.

pre-grant publication

pre-grant publication (pgpub) procedure under 35 u.s.c. section 122(b) requiring publication of united states patent applications 18 months after filing dates. procedure first enacted in 1999 american inventors protection act.

prior art

material publicly available prior priority date of application may anticipate subject of , prevent grant of patent.

priority right

the priority right right claim priority earlier application. claiming priority gives later filed application priority date of filing date of earlier application.

problem-solution approach

under case law , practice of european patent office (epo), systematic approach assess whether invention involves inventive step. see inventive step under european patent convention (epc).

prosecution history estoppel

in states, notably united states, actions during prosecution can estop party later actions or assertions.

provisional application

in united states patent law, legal document filed in united states patent , trademark office (uspto) establishes filing date, not mature issued patent unless applicant files regular patent application within 1 year. see non-provisional patent application.

provisional (patent) rights or provisional protection

the rights conferred published patent application, i.e. rights conferred before patent granted. see u.s. patent law, 35 usc 154(d). under european patent convention,

period of provisional protection, between moment of publication of patent application , moment of publication of patent grant, article 67 epc requires member states ensure applicant can claim compensation reasonable in circumstances person has used invention in territory. following publication of mention of patent grant, full compensation of losses suffered may claimed, depending on whether infringer knew or should have known or infringing.




^ telecom standards face patent ambush threat . zdnet. 2005-06-15. retrieved 2007-08-30. 
^ antitrust: commission confirms sending statement of objections rambus . european commission. 2007-08-23. retrieved 2007-08-30. 
^ patent act of 1836
^ carl shapiro, navigating patent thicket: cross licenses, patent pools, , standard-setting, 2001, innovation policy , economy (vol. i) (jaffe, e. et al., eds), pp. 119–150, mit press.
^ mark j. thronson, joel m. grossman, gabrielle s. roth, jon d. grossman, intellectual property legal opinions (loose leaf), aspen publishers, 2008 supplement, page 1-12. isbn 978-0-7355-6194-6.
^ rotten, economist, august 6, 2009. consulted on august 7, 2009.
^ notice european patent office dated 8 march 2017 concerning processing epo international searching authority of informal comments on earlier search results ( pct direct ) . official journal of european patent office. european patent office (march 2017). march 31, 2017. retrieved march 31, 2017. 
^ 1120- . retrieved april 17, 2015. 
^ european commission, pharmaceutical sector inquiry, preliminary report (dg competition staff working paper), november 28, 2008, page 98, footnote 116 (pdf, 1.95 mb). (see copyright notice in page 1: reproduction of parts of report based on commission s own research authorised, provided source acknowledged. material quoted in report derived other sources, permission must sought directly copyright holder. )