1900 and 2100 vocab

Question 1

duty to disclose

Answer 1

Requirement for applicants to submit known, material prior art during prosecution – MPEP §2001

Question 2

collateral estoppel

Answer 2

Legal doctrine preventing re-litigation of an issue already decided in another proceeding – MPEP §2016

Question 3

anticipate of ranges

Answer 3

A prior art disclosure of a range can anticipate a claimed range if it overlaps or is close enough – MPEP §2131.03

Question 4

best mode

Answer 4

Inventor’s requirement to disclose the preferred embodiment of the invention at the time of filing – MPEP §2165

Question 5

by another

Answer 5

Refers to prior art that originates from someone other than the inventor – MPEP §2132

Question 6

functional descriptive material

Answer 6

Computer-readable instructions or data that perform a function, possibly patent-eligible – MPEP §2111.05

Question 7

inherency

Answer 7

A prior art reference can anticipate a claim if the feature is necessarily present, even if not explicitly disclosed – MPEP §2112

Question 8

inoperative inventions

Answer 8

Inventions that don’t work as claimed; may still be patentable if the failure isn’t apparent – MPEP §2107.01

Question 9

by other

Answer 9

Prior art by someone other than the inventor or joint inventor – MPEP §2132

Question 10

by same

Answer 10

Prior art by the same inventor; may be excluded if common ownership or derivation applies – MPEP §2136

Question 11

claims

Answer 11

Define the legal scope of the invention; must be supported, enabled, and definite – MPEP §2106.01

Question 12

commercial exploitation

Answer 12

Selling or offering an invention may trigger the on-sale bar – MPEP §2133.03(b)

Question 13

commercial success

Answer 13

A secondary consideration in non-obviousness analysis; may support patentability – MPEP §2145

Question 14

compitions of matter

Answer 14

Chemical or material substances covered under §101 as statutory subject matter – MPEP §2106

Question 15

conception

Answer 15

Forming a complete idea of the invention; required for establishing inventorship – MPEP §2138.04

Question 16

enabling disclosure

Answer 16

A specification that teaches one of ordinary skill how to make and use the invention – MPEP §2164

Question 17

experimental use

Answer 17

Use for testing and refinement that may avoid a public use bar – MPEP §2133.03(e)

Question 18

patentability

Answer 18

The legal criteria for obtaining a patent, including §§101–103 and §112 – MPEP §2106

Question 19

prima facie

Answer 19

A rebuttable presumption, such as a prima facie case of obviousness – MPEP §2142

Question 20

processes

Answer 20

One of the four statutory categories of invention under §101 – MPEP §2106

Question 21

public use

Answer 21

Public availability of the invention before filing can trigger a statutory bar – MPEP §2133

Question 22

publicly accessible

Answer 22

Standard for printed publications in prior art; must be reasonably available to the public – MPEP §2128

Question 23

reduction to practice

Answer 23

Physically building or testing the invention, or filing an enabling patent application – MPEP §2138.05

Question 24

interference

Answer 24

A pre-AIA proceeding to determine which of two parties invented first – MPEP §2301

Question 25

inventorship

Answer 25

Identification of actual inventors who contributed to the claimed invention – MPEP §2109

Question 26

known or used

Answer 26

Prior art that was known or used by others in the U.S. before the invention – MPEP §2132

Question 27

machines

Answer 27

Tangible devices that perform functions; one of the four statutory categories – MPEP §2106

Question 28

manufactures

Answer 28

Articles produced from raw materials; one of the statutory categories – MPEP §2106

Question 29

nonfunctional descriptive material

Answer 29

Data that doesn’t functionally affect a system (e.g., music files); not patentable by itself – MPEP §2111.05

Question 30

obviousness

Answer 30

Claimed invention is not patentable if it would have been obvious to a PHOSITA – MPEP §2141

Question 31

offer to sell

Answer 31

A sale or offer to sell the invention before filing may trigger the on-sale bar – MPEP §2133.03(b)

Question 32

on sale

Answer 32

A bar to patenting if the invention was on sale more than one year before filing – MPEP §2133.03(b)

Question 33

specification

Answer 33

The written description, including drawings and abstract, required under §112 – MPEP §608

Question 34

statutory bar

Answer 34

A legal barrier to patenting (e.g., on-sale or public use >1 year before filing) – MPEP §2133.03

Question 35

suppression and concealment

Answer 35

Deliberate delay in filing or disclosing an invention can lose rights under pre-AIA §102(g) – MPEP §2138.03

Question 36

therapeutic utility

Answer 36

A claimed invention must have credible, specific utility, especially for pharmaceutical use – MPEP §2107

Question 37

transitional phrases

Answer 37

Phrases like “comprising,” “consisting of,” and “consisting essentially of” that affect claim scope – MPEP §2111.03

Question 38

useful inventions

Answer 38

An invention must be useful under §101; utility must be specific, substantial, and credible – MPEP §2107

Question 39

written description

Answer 39

Part of §112 requiring the inventor to show possession of the claimed invention – MPEP §2163

Question 40

constructive reduction-to-practice

Answer 40

Filing a patent application that fully enables the invention, used to establish invention date without physical embodiment – MPEP §2138.05