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Patent Terms Glossary

Blackout Period

Definition:
The period between the date the examining attorney approves the mark for publication and the date of issuance of the Notice of Allowance.

Applicant

Definition:
An application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications.

Patent Pending

Definition:
A phrase that often appears on manufactured items. It means that someone has applied for a patent on an invention that is contained in the manufactured item.

Deposit Account

Definition:
An account that is established in the U.S. Patent and Trademark Office (USPTO), upon payment of a fee for establishing such an account, for the convenience in paying any fees due.

Registration

Definition:
Federal registration of trademarks involves the establishment of rights in a mark based on legitimate use of the mark. Although federal registration of trademarks is not required to use a trademark.

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

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Did You Know?

A patent protects your invention.

A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

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

Allegation Of Use

Definition:
A sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce.

Mere Descriptiveness

Definition:
Statutory basis (Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), TMEP 1209 et seq) for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature,

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Patent Topics Our Firm Can Help With

Design

Patent Amendments

Marks Patents

Invalidate Patent

Compound Tools Patent

Patent Medicines

License Patent

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Graphic Cards Patent

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