Patent Searching Database

2005-11-22T19:33:00.000-08:00

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מילון מונחי פטנטים

2004-11-14T21:37:00.000-08:00

Applicant
The person or corporate body that applies for the patent and intends to 'work' the invention (to
manufacture or license the technology). Under US law the applicants must be the inventor(s)
except in exceptional circumstances.
Assignee
The person(s) or corporate body to whom all or limited rights under a patent are legally
transferred. Assignment Transfer of all or limited rights under a patent.
Assignor
One who assigns a patent right.
Basic Patent
The first member of a Derwent patent family. This may or may not be the first published
patent (which is usually the first to be documented by services such as Derwent World Patents
Index).
Citations
Citations may be made by the examiner or author. They comprise a list of references that are
believed to be relevant prior art and which may have contributed to the "narrowing" of the
original application. The examiner can also cite references from technical journals, textbooks,
handbooks and sources.
Claim(s)
The definition of the monopoly rights that the applicant is trying to obtain for the invention.
The Claims are the effective part of a patent. They are numbered paragraphs that give a precise
description of the invention and list all essential features.
Continuation
Applicable mainly in the US, continuations are second or subsequent applications which are
subsequently filed while the original parent application is pending. Continuations must claim
the same invention as the original application to gain the benefit of the parent filing date.
(see also Continuing Applications).
Continuation-in-part
Generally referred to as a 'C.I.P' this is essentially the same as the continuation with the
exception that some new material may be included. The disclosure of the parent is usually
amplified and the C.I.P may claim the same or a different invention. A C.I.P application is
accorded the benefit of the filing date of the parent application to the extent of the two
applications' common subject matter. The C.I.P must be filed while the original parent
application is pending for any disclosed material in common with the parent.
(see also Continuing Applications).
Continuing Applications
There are three types of continuing applications: division, continuation and
continuation-in-part.
Copyright
Copyright is protection for the expression of an idea. The important difference between
copyright and patent is the concept of function: the thing being protected must be useful in
order to be patented.
Design Patent
A type of patent covering the shape characteristics of an object.
Disclosure
The first public disclosure of details of an invention. This may be: (1)deliberately revealed
outside the patent system to make the invention unpatentable, or (2)what is described in a
patent application.
Disposal
In some countries, such as the USA, this refers to where an application has been resolved by
being withdrawn, rejected or granted. It can also have the connotation of being rejected only.
Division
If the patent office decides that an application covers too large an area to be considered as a
single patent, then the application is split into one or more divisional applications. A
divisional application has the same specification as the "parent" but claims a different
invention. (see also Continuing Applications).
Drawing
One or more specially-prepared figures filed as a part of a patent application to explain and
describe the invention. Drawings (or illustrations, where appropriate) are more commonly
found with inventions for mechanical or electrical devices. As a rule, chemical patents will
include chemical formulae in the description of the invention and/or in the examples.
Duty of Disclosure
This is a requirement imposed on all persons involved with the patenting process to disclosure
information (patents, articles, laboratory data etc.) to the patent examiner that may affect the
granting of a patent.
EPC
EPC stands for European Patent Convention. This convention has given rise to what is called the European Patent Office (EPO). The European Patent Office offers a way to file a single patent application which can lead to patent coverage in all the European countries that belong to the EPC. While the European Patent Office has its historical origins in the European Union, it is interesting to note that the European Patent Office formalities can lead to patent coverage in countries that do not belong to the European Union. For example, Switzerland does not presently belong to the European Union, and yet it is possible to secure Swiss patent protection through the European Patent Convention and the European Patent Office.
The countries that belong to the European Patent Office include Austria, Belgium, Switzerland, Germany, Denmark, Spain, France, United Kingdom, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Portugal, and Sweden.
Equivalent
A patent entering the Derwent system which relates to the same invention and shares the
same priority application as a patent from a different issuing authority already held in Derwent
World Patents Index (see also Non-convention equivalent).
European Patent Convention (EPC)
Nineteen European countries are parties to the European Patent Convention. A patent
application filed under this convention will, when granted, usually automatically be effective
in each of the countries designated by the applicant.
Examiner
A patent office official who is appointed to determine the patentability of applications.
Expiry Date
The date when a patent has run its full term in a country and is no longer protected there (see
also Lapse & Withdrawn).
Filing Date
The date when the application reaches the patent office in complete form.
First to File
In the European patent system, the applicant who is the first to file an application for an
invention will be awarded the patent over all others. This law is becoming increasingly the
standard for countries adhering to Trade-Related aspects of Intellectual Property (TRIPs)
guidelines. (See also First to Invent)
First to Invent
In some countries, such as in United States, the applicant who is the first to invent will be
awarded the patent over all others. (See also First to File)
Grant
A temporary right given by a patent office for a specified period, to prevent anyone else from
using the technology defined in the claims of a patent.
H document
An H document is a Statutory Invention Registration (SIR). An applicant for a US patent may, if desired, give up the ability to obtain a patent and instead pay the US Patent Office to publish it as an SIR. The main benefit of this is that it keeps others from getting a patent on the same invention. (see also RD document).
Inventor
Someone who has a new idea and pursues its development. Inventors apply for patents on their
inventions as a part of their developing their invention. Many inventors are also product
developers, entrepreneurs and businessmen and most inventors find it good marketing practice to
sell themselves as product developers or, entrepreneurs or businessman, as the term inventor
often having a bad connotation to a businessman.
IPC - International Patent Classification
IPC is an internationally recognised classification system, which is controlled by the
World Intellectual Property Organisation (WIPO) and
assigned to patent documents by Patent Offices. The IPC is world-widely used - the industrial
property offices of more than 90 States, four regional offices and the International Bureau of
WIPO under the Patent Cooperation Treaty (PCT).
There are 8 sections (A - H) and these sections are further subdivided into classes.
Each Class consists of the Section letter, followed by two digits.
For example H01 is the Class designation for Basic Electronic Circuitry
and F17 is the Class for Storing or Distributing Gases or Liquids.
The electronic version of IPC is available on the WIPO web site.
Kinds
The letter, often with a further number, indicating the level of publication of a patent. For
example DE-A1 is the German Offenlegungsschrift (application laid open for public
inspection) while a DE-C1 is the German Patentschrift (first publication of the granted patent).
Kokai
An unexamined Japanese patent application.
Kokoku
An examined and allowed Japanese patent application.
Lapse
The date when a patent is no longer valid in a country or system due to failure to pay renewal
(maintenance) fees. Often the patent can be reinstated within a limited period.
License
A transfer of patent rights that does not amount to an assignment. A license, which can be
exclusive or non-exclusive, does not give the licensee the legal title to the patent.
Non-Convention Equivalents
An application filed in a second, or subsequent country which does not claim a priority
application in another country. Usually a result of filing the application after the 12 month
Convention period, but may be within that period by choice of the applicant. (See also
Equivalent)
Novelty
The concept that the claims must be totally new. The invention must never have been made
public in any way, anywhere, before the date on which the application for a patent is filed. Obviousness
The concept that the claims defining an invention in a patent application must involve an
inventive step if, when compared with what is already known (i.e. prior art), it would not be
obvious to someone skilled in the art.
Opposition
The time period allowed for an interested party to post oppositions to the grant of a patent.
For example, this may be up to nine months from the date of grant of a European patent.
Prior art
In a broad sense, technology that is relevant to an invention and was publicly available (e.g.
described in a publication or offered for sale) at the time an invention was made. In a narrow
sense, any such technology which would invalidate a patent or limit its scope. The process of
prosecuting a patent or interpreting its claims largely consists of identifying relevant prior
art and distinguishing the claimed invention from that prior art.
Paris Convention
The Paris Convention was established March 20 1883, effective July 7 1884, and amended
June 2 1934 and July 14 1967. Signatories to the Paris Convention are allowed one year
from first filing their patent application (usually in their own country) in which to make further
applications in member countries and claim the original priority date.
Patent
A document defining the rights conferred by the grant, but often used generally to mean any
published specification. A patent, which is the mature form of a patent application, consists of
drawings of the invention, a specification explaining it, and claims which define the scope of
exclusivity.
Patent application
A document submitted by an inventor to request he be issued a patent. It consists of the
elements of a patent but will likely be modified during patent prosecution.
PCT - Patent Co-operation Treaty
The PCT was signed in Washington D.C. on June 19th 1970 and entered into force January
24th 1978. It was amended with effective dates of May 3rd 1984 and January 1st 1985. There are
currently 96 signatories to this treaty. Contracting states may file an international application
designating member states. If an applicant wants to press for grant in any of their designated
states the patent application is moved to the national phase(s) but may carry the PCT
priority filing date.
Patent Family
All the equivalent patent applications corresponding to a single invention, covering different
geographical regions.
Patentability
The ability of an invention to satisfy the legal requirements for obtaining a patent, including
novelty. In some countries certain types of inventions, e.g. computer software and plants, may
be unpatentable.
Patentee
The person who is named as the inventor of a patent.
PCT
PCT stands for the Patent Cooperation Treaty, which is adhered to by more than100 countries. PCT patent applications are administered by the World Intellectual Property Organization. The Patent Cooperation Treaty permits
an inventor to file what is called a PCT patent application. The Treaty is the result of an effort by many countries to provide some streamlining of patent applications across several countries at once. The US Patent and Trademark Office has additional information about PCT.
Pending
The period in which the patent office has not yet decided whether to reject or to grant a
patent application, and it has not yet been withdrawn.
Preliminary Examination
The initial study of an application by an official in the patent office to check that the
specification is properly arranged and for preparing search reports.
Priority Date
The initial date of filing of a patent application, normally in the applicant's domestic patent
office. This date is used to help determine the novelty of an invention.
RD document
An RD document is a Research Disclosure (RD). Anyone who wishes to do so may pay a British company, Kenneth Mason Publications Ltd., to publish an invention disclosure. Some disclosures are anonymous, while others are attributed. Like an SIR, an RD has the effect of keeping others from getting a patent on the same invention. (see also
H document).
Reinstatement
Restoring a patent to protection after it has apparently lapsed by error or been revoked.
Rejection
When a patent application is refused by a patent office.
Research Disclosure
Defensive-type publications which are published, often anonymously, to give companies and
inventors "freedom of use" rather than legal protection. Once research disclosures are
published the invention described cannot be patented.
Revocation
Termination of the protection given to a patent on one or more grounds, e.g. lack of novelty. Search Report
A list of published items (both patent and non-patent literature), issued by the patent
examiners checking the novelty of the patent application, which are relevant to the subject of
the invention.
Specification
The description, drawings and claims of an invention prepared to support a patent
application. The term does not imply that the invention is necessarily new or was ever
protected.
Status
The legal standing of a patent or patent application, i.e. whether it is pending, lapsed or still
protected etc.
Substantive Examination
The full examination of a patent application substance or content by a patent office examiner
to determine whether a patent should be granted.
Term of patent
The maximum number of years that the monopoly rights conferred by the grant of a patent
may last.
Trademark
Trademark is protection on slogans, logos, or product names. The primary function of trademark
is to indicate the origin of goods and to distinguish them from those sold or manufactured by
others.

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