Patent Terms Glossary

Enforceability of Patent

Definition:
The right of the patent owner to bring an infringement suit against a party who, without permission, makes, uses or sells the claimed invention.

Common Law Rights

Definition:
Property or other legal rights that do not absolutely require formal registration in order to enforce them. Proving such rights for a trademark in court can be very difficult.

Patent Family

Definition:
A patent family is the same invention disclosed by a common inventor(s) and patented in more than one country.

Reexamination Proceeding

Definition:
At any time during the enforceability of a patent any person may file a request for the USPTO to conduct a second examination of any claim of the patent on the basis of prior art patents or printed publications.

Chapter I

Definition:
The first, mandatory phase under the Patent Cooperation Treaty that includes performance of an international-type search, issuance of an International Search Report.

Withdrawn Patent

Definition:
An allowed application for patent in which the applicant files correspondence to withdraw the patent from issue; ;thus preventing it from issuing on the patent issue date. T

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