800 - 1800 vocab

Question 1

apparatus

Answer 1

A type of claim directed to a machine or physical structure performing a function – MPEP §806.01(a)

Question 2

distinctive inventions

Answer 2

Separate and unrelated inventions claimed in a single application, requiring restriction – MPEP §806.05

Question 3

divisional applications

Answer 3

Applications filed in response to a restriction requirement, containing only claims to a non-elected invention – MPEP §201.06

Question 4

domination

Answer 4

When one claim (e.g., broader) fully encompasses another; often arises in double patenting – MPEP §804

Question 5

double patenting

Answer 5

Rejection based on a second patent claiming the same or an obvious variation of an invention claimed in an earlier patent – MPEP §804

Question 6

elected species

Answer 6

The specific embodiment selected by the applicant for examination when a restriction requirement involves species – MPEP §806.04(d)

Question 7

independent inventions

Answer 7

Inventions that are unrelated in design or operation and cannot be searched together, leading to restriction – MPEP §802.01

Question 8

intermediates

Answer 8

Chemical compounds used in making other compounds; often restricted from end products in applications – MPEP §806.05(h)

Question 9

nonelected invention

Answer 9

An invention identified in a restriction requirement but not chosen by the applicant for examination – MPEP §803

Question 10

restriction

Answer 10

Requirement by the examiner to limit claims to one distinct invention per application – MPEP §803

Question 11

species

Answer 11

Different embodiments or variations within a generic invention group; only one is elected for examination – MPEP §806.04

Question 12

statutory disclaimer

Answer 12

A formal statement disclaiming rights to claims or term in a patent, typically to avoid double patenting – MPEP §1490

Question 13

subcombinations

Answer 13

Claims covering subsets of a combination invention; may be restricted if not essential to the overall combination – MPEP §806.05(c)

Question 14

terminal disclaimer

Answer 14

A statement disavowing patent term beyond that of a related patent to overcome nonstatutory double patenting – MPEP §804.02

Question 15

nonpublication request

Answer 15

A request made at the time of U.S. filing to prevent early publication; applicant must certify no foreign or PCT filings – MPEP §1120

Question 16

redacted publication

Answer 16

A version of the published application omitting certain parts (usually proprietary info), requested with justification – MPEP §1121

Question 17

appeal

Answer 17

A request by the applicant for review of a final rejection by the Patent Trial and Appeal Board (PTAB) – MPEP §1204

Question 18

appeal brief

Answer 18

A written document filed by the applicant laying out arguments against the examiner’s final rejection – MPEP §1205

Question 19

examiner’s answer

Answer 19

The examiner’s written response to the appeal brief, maintaining or modifying the rejections – MPEP §1207

Question 20

oral hearing

Answer 20

Optional in-person or virtual presentation before the PTAB to argue the appeal; must be timely requested with a fee – MPEP §1213

Question 21

reply brief

Answer 21

Applicant’s response to the examiner’s answer, limited to addressing points raised in that answer – MPEP §1208

Question 22

allowance

Answer 22

The examiner’s decision that the application is in condition for patenting; all claims are allowed – MPEP §1302

Question 23

issuance

Answer 23

The formal grant of the patent by the USPTO, occurring after payment of the issue fee – MPEP §1309

Question 24

issue fee

Answer 24

A required fee that must be paid after allowance and before issuance to complete the patenting process – MPEP §1306

Question 25

Notice of Allowance

Answer 25

Official notice sent by the USPTO indicating that the application has been allowed and issue fee is due – MPEP §1303

Question 26

patent terms

Answer 26

The length of time a utility patent remains in force, typically 20 years from the earliest nonprovisional filing date – MPEP §1309

Question 27

assignee

Answer 27

The person or entity to whom ownership of a patent or application has been transferred – MPEP §1481

Question 28

broadening claims

Answer 28

Claims in a reissue that enlarge the scope of protection; only permitted if filed within 2 years of patent grant – MPEP §1412.03

Question 29

Certificate of correction

Answer 29

A USPTO-issued correction of a minor error (clerical, typographical, or of minor character) in a patent – MPEP §1481

Question 30

correcting inventorship

Answer 30

The process of adding or removing inventors in a patent or application, subject to legal and procedural requirements – MPEP §1481.02

Question 31

diligence

Answer 31

Continuous reasonable effort to reduce an invention to practice, often relevant in pre-AIA interference or §1.131 affidavits – MPEP §1412.03

Question 32

recapture of claims

Answer 32

An impermissible attempt to reclaim subject matter surrendered during prosecution via reissue – MPEP §1412.02

Question 33

reexamination

Answer 33

A proceeding to reconsider an issued patent based only on patents and printed publications – MPEP §2209

Question 34

reissue

Answer 34

A process by which the patentee corrects an error in an issued patent that renders it wholly or partly inoperative or invalid – MPEP §1401

Question 35

reissue oath / declaration

Answer 35

A statement signed by the applicant in a reissue, identifying at least one error in the original patent – MPEP §1414

Question 36

statuatory disclaimer

Answer 36

A written statement voluntarily giving up rights to a claim or part of a patent under 35 U.S.C. §253 – MPEP §1490

Question 37

terminal disclaimer

Answer 37

A document that limits a patent’s term to that of another to overcome a double patenting rejection – MPEP §804.02

Question 38

design

Answer 38

A type of patent protecting the ornamental appearance of an article of manufacture; valid for 15 years from grant – MPEP §1502

Question 39

double patenting

Answer 39

In design patents, occurs when two patents claim the same or indistinct variations of a design – MPEP §1504.06

Question 40

expedited examination

Answer 40

A process to accelerate design patent examination, available with a petition and fee – MPEP §1504.30

Question 41

simulation

Answer 41

A reproduction of a design shown in the application (e.g., photograph or model), not generally accepted in lieu of drawings – MPEP §1503.02

Question 42

utility patent

Answer 42

A patent that protects how an invention works or is used, as opposed to a design patent which protects how it looks – MPEP §1502

Question 43

asexual reproduction

Answer 43

Asexual reproduction of a plant without seeds (e.g., by cuttings or grafting); required for plant patent eligibility – MPEP §1601

Question 44

plant patent

Answer 44

A patent for a new and distinct asexually reproduced plant (excluding tubers); grants 20 years of protection – MPEP §1601

Question 45

UPOV convention

Answer 45

International treaty protecting plant varieties; U.S. plant patents operate separately from UPOV rights – MPEP §1606

Question 46

asexual reproduction

Answer 46

Asexual reproduction of a plant without seeds (e.g., by cuttings or grafting); required for plant patent eligibility – MPEP §1601

Question 47

plant patent

Answer 47

A patent for a new and distinct asexually reproduced plant (excluding tubers); grants 20 years of protection – MPEP §1601

Question 48

UPOV convention

Answer 48

International treaty protecting plant varieties; U.S. plant patents operate separately from UPOV rights – MPEP §1606

Question 49

protest

Answer 49

A third-party submission of prior art or information relevant to a pending application, filed before allowance – MPEP §1901

Question 50

servicing

Answer 50

The USPTO’s administrative handling of third-party protests, including forwarding to the examiner – MPEP §1901.02