S Glossary of patent law terms

1 s

1.1 sandor obviousness
1.2 search report
1.3 second medical use
1.4 selection invention
1.5 selection patent
1.6 skilled person (in art)
1.7 small entity status
1.8 software patent
1.9 state of art
1.10 statutory invention registration
1.11 submarine patent
1.12 sufficiency of disclosure
1.13 supplementary protection certificate
1.14 swear of reference

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sandor obviousness

in united states patent law, obviousness rejection based on single reference. case obviousness rejection requires examiner rely on 2 or more references. sandor obviousness stems ex parte sandor nagy examiner relied on single reference reject claims @ issue. case remanded on appeal examiner.

search report

a report established patent office, mentions documents may taken consideration in deciding whether invention patent application relates patentable.

second medical use

the patenting of particular medical use of molecule (or more product or composition), wherein first particular use of molecule known and, therefore, wherein novel , inventive aspect lies solely in second use of molecule. known further medical use.

selection invention

an invention consisting in selection of individual elements, sub-sets, or sub-ranges, within larger, known set or range. selection patent patent granted on selection invention.

selection patent

see selection invention.

skilled person (in art)

see person having ordinary skill in art.

small entity status

in united states patent law, status allowing small businesses, independent inventors, , nonprofit organizations file patent application , maintain issued patent reduced fee. entity not qualify small entity status charged double fees charged small entities.

changes patent law in december 2012 created sub-category of small entity status called micro entity status inventors qualify small entity status, have gross income less amount, , have assigned patent(s) employer institution of higher education.

software patent

a patent in field of computer software. types of inventions in field of software legally considered non-patentable subject-matter, depending on jurisdiction. see software patents under european patent convention, under trips agreement, under united kingdom patent law, under united states patent law, computer programs , patent cooperation treaty, software patent debate.

state of art

a synonym prior art.

statutory invention registration

a procedure governed mpep sections 1100 et al. in patent applicant request public filing of application. usually, used when applicant felt patent no longer possible during application period. may obsolete due 1999 america inventors protection act required publication of u.s. applications in 18 months unless exception applied.

submarine patent

a patent first published , granted long after original application filed.

sufficiency of disclosure

an important requirement met patent in order validly granted. according requirement, invention must described in application or patent in sufficiently clear , complete manner enable person skilled in art carry out invention.

supplementary protection certificate

a sui generis right notably available medicinal , plant protection products. right comes force after corresponding patent expires and, medicinal , plant protection products, has maximum term (i.e., lifetime) of 5 years.

swear of reference

a procedure under u.s. patent law whereby inventor can patent if invention has become public before patent application filed. swear behind reference or antedate reference. see 35 usc section 102.