MightyRecruiterThe U.S. government set up the patent system as a way to encourage inventors to take risks with investing their own money, effort and time into creating innovative products. In exchange for the inventor’s risk, time and effort, the inventor can apply for a patent that prohibits others from making the invention and benefiting from it in specific ways for a certain time frame. However, the process of getting a patent is involved, with lots of specific steps and deadlines, and can be confusing sometimes. If you are creating a patents glossary for your business, here are 15 must-have terms to start with.
1. Abandonment
Abandonment occurs with both applications and inventions. It happens when an applicant fails to properly reply (or to reply at all) to communications from the U.S. Patent and Trademark Office.
2. Certificate of Mailing
A certificate of mailing is a certificate showing the date of each item of mailed correspondence to the U.S. Patent and Trademark Office. Items should be mailed before a deadline for a response time, and certificates of mailing must have signatures and the date of deposit.
3. Claims
Patent claims describe the invention, explaining what it covers and does not cover. It is possible for a patent claim to be misunderstood or misinterpreted by the U.S. Patent and Trademark Office, particularly in cases of convoluted legal language, prior statements relating to patent claims and exaggerated claims.
4. Co-Inventor
A co-inventor is the person listed with another in a patent application. It is possible to have more than two co-inventors.
5. Combination Patent
A combination patent is granted when an invention finds a new way to use already existing parts.
6. Counterpart
A counterpart is a patent application typically filed in foreign locations that has the same applicant and similar claims to an application filed in the United States.
7. Design Patent
A design patent is given to applicants who invent novel and ornamental designs for products. Examples include eyeglasses designs and vehicle wheel front faces. Applications for design patents use drawings to communicate the features of the invention.
8. Drawing
A patent drawing is not necessary if the invention can be understood or described without drawings. However, when used, drawings need to correspond with all features in the claims. Otherwise, an application may be labeled incomplete.
9. Enforceability of Patent
Patent owners have the right to sue for infringement against parties they see as making, using or selling the invention without permission for the patent term length plus six years under the statute of limitations.
10. Non-Obviousness
A patent application must cover non-obvious material, or material that would not be apparent to people with average competence in the area of the invention. Size and color modifications are considered obvious and typically do not qualify for patents.
11. Patent Infringement
Patient infringement occurs with unauthorized manufacture, use, sale or import of patented inventions.
12. Patent Number
Patent applications receive unique patent numbers when they are approved as patents.
13. Patent Pending
The phrase “patent pending” can be used only if a patent is actually pending; otherwise, the business using it can be fined. Saying that a patent is pending alerts other businesses of potential infringement issues if they decide to file patent applications.
14. Plant Patent
A plant patent can be given to a person who invents new and distinct plant varieties or who discovers and asexually reproduces a new and distinct variety.
15. Utility Patent
A utility patent can be given to a person who invents or discovers new, useful and nonobvious machines, processes, compositions of matter or articles of manufacture.The patents process comes with many more glossary words, but the list here is a good start for your business. For more glossary terms, check out this page from the Patent Information Users Group.
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