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Patent Terms Glossary

Counterpart

Definition:
An application filed in a foreign patent office that is substantially similar to (like) the patent application filed with the USPTO and is based upon some or all of the same invention.

Domestic Representative

Definition:
A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States.

Examining Attorney

Definition:
A USPTO employee who examines (reviews and determines compliance with the legal and regulatory requirements of) an application for registration of a federally registered trademark

Doctrine Of Equivalents

Definition:
A judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims.

Representative

Definition:
One who stands for or acts on behalf of another. A patent attorney or patent agent may represent the inventors named in a patent application.

Defensive publication

Definition:
A publication and disclosure to the public of a pending patent application.

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Did You Know?

There is a time limit on patent protection.

For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.

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 Helpful Patent Terms

Inventor

Definition:
One who contributes to the conception of an invention. The patent law of the United States of America requires that the applicant in a patent application must be the inventor.

Final Office Action (rejection)

Definition:
An Office action on the second or any subsequent examination or consideration by an examiner that is intended to close the prosecution of a nonprovisional patent application.

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