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Basics of Patent Law

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Utility Patent

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A type of patent granted for the invention of a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. It is important because it protects functional aspects of inventions.

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Design Patent

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A type of patent that protects the ornamental design of a functional item for a period of 15 years from the granting of the patent. It's important because it helps to protect the aesthetic aspects of a product.

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Provisional Patent Application

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A temporary application that can be filed at a lower cost and without a formal patent claim, oath, or declaration. It allows the inventor to establish an early effective filing date and provides a 12-month period to file a non-provisional patent application. It's important for securing a filing date for an invention while the inventor determines its commercial viability

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Non-Provisional Patent Application

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A complete and formal application that is examined by the patent office and may lead to the grant of a patent. It is important because it initiates the official examination process needed to obtain a patent.

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Patent Claims

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The part of a patent application that defines the scope of protection granted by the patent. They are important because they legally determine what the patent covers and what it does not.

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Prior Art

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Any evidence that an invention is already known before a given date, including previous patents, publications, and public demonstrations. It is important because it can be used to challenge the validity or limit the scope of a patent claim.

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Patent Prosecution

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The process of arguing for the granting of a patent in the patent office. It is important because it represents the interaction between inventors or their representatives and the patent office to obtain a patent.

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Patent Infringement

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The commission of a prohibited act with respect to a patented invention without permission from the patent holder. It is important because it allows patent holders to take legal action to enforce their rights and seek damages.

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Patentability

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The quality of an invention that enables it to be legally patented, which typically requires that the invention be new, non-obvious, and useful. It's important for determining whether an invention can be protected by a patent.

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Disclosure

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The release of information about an invention, which can be done in a patent application or other ways. It is important because public disclosure can affect patentability and trigger deadlines for filing a patent application.

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Continuation Patent Application

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A type of patent application filed to claim priority to an earlier filed application, allowing an inventor to pursue additional claims based on the same invention. It is important because it helps to extend the examination process and potentially broaden the scope of the patent protection.

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Patent Term Adjustment (PTA)

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Compensates for delays in the patent examination process by adding days to the standard 20-year patent term. It is important because it ensures patent holders do not lose patent term due to USPTO delays.

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Patent Trolls

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Pejoratively refers to companies or individuals that enforce patent rights against alleged infringers in an attempt to collect licensing fees, often without actually producing their own goods or services. It's important because it can stifle innovation and pose significant legal and financial challenges to businesses.

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Maintenance Fees

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Periodic fees that must be paid to the patent office to keep a patent in force. They are important because failure to pay these fees can result in patent expiration before the end of its standard term.

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First-to-File System

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A principle whereby the right to a patent for an invention is determined by the first person to file a patent application for protection of that invention, regardless of the actual date of invention. It is important because it encourages prompt patent filings and simplifies determining who has the right to a patent.

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Examination for Patent

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The process by which a patent office reviews a patent application to determine if the invention meets the statutory requirements for patentability. It is important because it ensures that only inventions that are new, non-obvious, and useful are granted patent protection.

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Abstract of the Disclosure

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A brief summary of the invention as described in a patent application. It's important because it helps the public and patent examiners quickly ascertain the nature and gist of the technical disclosure.

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Office Action

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A document written by a patent examiner in the course of examination of a patent application, which may reject claims or require amendment or evidence. It is important because it is a step in the negotiation between the applicant and the patent office to agree upon the scope of patent protection.

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