The explicit or implicit relinquishment of a potential patent right. Simple inaction may render a patent right abandoned

A concise summary of the invention described in a patent application. It should include all the most important technical features of the invention.

The address to which the Office will send all correspondence relating to a particular patent application. This must be an address in the respective country , and will usually be the address of your patent agent (if you have one).

A written statement made upon oath or affirmation and signed in the p>sence of a person who is authorised to administer oaths (normally a solicitor).

Alterations (such as clarifications or deletions) made to a patent application or to a granted patent specification. The description, drawings and claims can all be altered by amendment, either because the applicant wishes to, or because the Office requires it. Any amendments must not add any material to the application or specification that was not p>sent when the application was filed.

This is when the prior art indicates that a patent application lacks novelty.

Most decisions in the Office (such as a refusal to grant a patent) are open to appeal. Usually an appeal is made to the Court , and further appeals, with leave, can be made to the Court of Appeal.

A person who makes a patent application. Often this will be the inventor, but it need not be so. Several people can apply jointly for a patent, as can organisations.

Papers comprising petition, specification, drawings (when required), one or more claims, oath or declaration and filing fee, whereby an applicant seeks a patent.

An alternative method of resolving disputes between parties. The right of Appeal from a decision of the arbitrator is limited by the Arbitration Act

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.

The transfer of intellectual property rights from the owner of the rights to another person or organisation.

One who assigns a patent right.

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A request to be informed of future events relating to a patent application or granted patent

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.

The rules which govern the procedure and format of proceedings before the courts. Hearings before the Office are also based on the provisions of the Civil Procedure Rules.

A p>cise statement of the invention that the applicant wishes to protect. It is the monopoly rights that the applicant is trying to obtain for the invention. A main claim will define the invention in its broadest form, by including its essential technical features. Further "dependant" claims can then relate to additional features of the invention. The claims become the actual monopoly that is given when/if the patent is granted.

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.

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.

There are three types of continuing applications: division, continuation and continuation- in-part

A state that has signed up to the Paris Convention.

A Copyright is a type of protection given to authors of original works. Items that can be copyrighted include: literary works; computer programs; lyrics and musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic or sculptural works; motion pictures; audio visual works; sound recordings, etc

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The exercise in writing or orally by the Comptroller of any discretion vested in by, for example, the Patents Act 1977 and the Patents Rules 1995.

A publication and disclosure to the public of a pending patent application.

A full and detailed explanation of the invention and how it works, filed at the Office to initiate a patent application . The description may be accompanied by one or more drawings.

A type of patent covering the shape characteristics of an object.

Usually in the form of a request, this relates to the making available of relevant documents believed to be in the possession of the other party in a with notice (inter partes) proceeding.

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.

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.

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.

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.

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The right to own a patent or patent application. A dispute about entitlement can be resolved by bringing entitlement proceedings before the Office or the courts.

A patent which relates to the same invention and shares the same priority application as a patent from a different issuing authority.

A single patent application to the European Patent Office which can lead to the grant of a patent in each country designated by the applicant. Once granted, the European patent is treated as a bundle of separate, national patents.

Nineteen European countries are parties to the European Patent Convention. It is the international convention governing the application for, processing and grant of a European patent. A patent application filed under this convention will, when granted, usually automatically be effective in each of the countries designated by the applicant.

The intergovernmental organisation (not part of the EU) set up to administer the EPC.

Information in the form of personal testimony, documents or objects filed in support of the issue in question.

A patent office official who is appointed to determine the patentability of applications.

1.A worked description of one aspect (embodiment) of theinvention within the patent application.

2.Possible alternative embodiments of the invention within the patent application, with little detail provided.

A licence granted by the owner of a patent which allows other party to use the invention protected by the patent. With such a licence, the owner himself cannot then use his invention, but he can collect royalties on the use of his patent.

Document or object included as part of the written evidence in proceedings before the Comptroller.

Also known as without-notice proceedings. A hearing before the Office to resolve an issue between a single party (for example, the applicant for a patent) and the Office.

The date when a patent has run its full term in a country and is no longer protected there (see alsoLapse, Withdrawn).

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The date on which a full description is lodged at the Office. An important date when considering if the invention in the patent application is novel and inventive.

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.

In some countries, the applicant who is the first to invent will be awarded the patent over all others.

An application on which the issue or maintenance fee has not been paid within the designated period.

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A temporary right given by a patent office for a specified period, to p>vent anyone else from using the technology defined in the claims of a patent.

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To make, use or sell the patented item or process within the country covered by the patent without permission or licence from the patentee.

Carrying out an action which falls within the scope of the patent rights owned by another person, without their permission.

A court order prohibiting a person from doing something or requiring a person to do something.

The general term for intangible property rights which are a result of intellectual effort. Patents, trademarks, designs and copyright are the main intellectual property rights.

Single patent application for up to 104 countries, made under the Patent Co-operation Treaty (PCT) via one of a number of receiving Offices . This can lead to the grant of a patent in each country designated by the applicant.

known as with-notice proceedings. A hearing before the Office to resolve an issue between two or more parties.

If a patent for an invention is to be granted, the invention must contain an inventive step. This means that the invention must not be an obvious development of what has gone before, when considered by someone who is skilled in the area of technology to which the invention relates.

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A p>vious judicial decision or proceeding that may be replied upon.

The final statement signed by a person who is authorised to administer oaths indicating when the affidavit or statutory declaration was sworn, affirmed or declared.

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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).

An unexamined Japanese patent application.

An examined and allowed Japanese patent application.

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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.

The means by which the owner of a patent gives permission to another person to carry out an action which, without such permission, would infringe the patent. Thus a licence can allow another person to legitimately manufacture, use or sell an invention protected by a patent. In return, the patent owner will usually receive royalty payments.

A patent owner may indicate (via the Office) that licences under his patent are available as of right to anyone who asks for one on reasonable terms. The owner is then allowed to pay half the usual renewal fees on his patent.

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A term used to describe the series of compounds covered by a patent claim, where the compound is defined as a basic structure with a variable list of possible substituents (e.g. where R=H, alkyl, aryl etc.).

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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.

If an application for a patent is to be granted, the invention must be novel. This means that the invention must not have been publicly disclosed, anywhere in the world, before the date of filing of the patent application (or before the priority date, if the application has one).

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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.

In relation to a patents file, for example, that part which members of public can inspect as from the date of 'A' publication of the application.

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.

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The Paris Convention for the Protection of Industrial Property. An agreement concluded in 1883 and updated several times since. It provides common rules between the member states for designs and other forms of intellectual property. A member state is often referred to as a Convention country.

A patent is an intellectual property right relating to inventions - that is, to advances made in a technical field. A patent for an invention is granted by the government to the applicant, and gives him the right for a limited period to stop others from making, using or selling the invention without permission. In return for this right, the applicant must disclose how his invention works in sufficient detail. When a patent is granted, the applicant becomes the owner of the patent. Like any other form of property, a patent can be bought, sold, licensed or mortgaged. Patents are territorial rights, so a UK patent will only give the owner rights within the United Kingdom and rights to stop others from importing products into the United Kingdom.

The basic conditions of patentability, which an application must meet before it is granted, are that the invention must be novel, contain an inventive step, be capable of industrial application and not be in one of a number of excluded fields. In some countries certain types of inventions, e.g. computer software and plants, may be unpatentable.

A person who acts on behalf of an applicant for the purposes of drafting a patent application and then taking that patent application through the various stages needed to grant the patent.

A system by which a patent application can be filed in many different countries at once. A single international application is filed initially at a receiving Office. After a search and publication, the application may be converted to a series of national applications in different countries.

All the equivalent patent applications corresponding to a single invention, covering different geographical regions Patent Law Treaty (PLT) A treaty to harmonise formal requirements for patent applications worldwide, which is currently in the process of being implemented.

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.

The claims of a patent application must relate to just one invention or to a number of inventions which all share the same inventive concept. If an application has claims which relate to more than one invention or inventive concept, there is "plurality of invention" and the claims must be altered by amendment to remove the plurality before a patent can be granted.

The initial study of an application by an official in the patent office to check that the specification is properly arranged and for p>paring search reports.

A hearing appointed to decide a point of procedure, usually in with notice (inter partes) proceedings.

Previously used or published technology that may be referred to in a patent application or examination report.

A patent application may claim as a priority date the filing date of an earlier patent application provided that the earlier application was (i) filed in the p>vious 12 months, (ii) filed by the same applicant as the later application and (iii) filed in a Convention country. Thus the later application need not be made in the same country as the earlier one. In practice, this means that all patent applications filed in Convention countries in a single year by the same applicant and relating to the same subject matter can be given the same effective date of filing. This effective date of filing is important when considering if the invention in the patent application is novel and inventive.

A previously-filed patent application which provides a priority date for a later application.

A patent application which is successfully granted will be published twice. The first time (A-publication) occurs around 18 months after the filing date of the application (or the priority date, if it has one). The application will generally be published "as filed". The second time (B-publication) occurs when the patent is granted, and publishes the application in its final form.

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Once a patent is granted, annual renewal fees are payable to the Office to keep the patent in force.

Restoring a patent to protection after it has apparently lapsed by error or been revoked.

When a patent application is refused by a patent office.

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.

The proceedings by which a patent which has lapsed through failure to pay renewal fees may be restored.

A process by which a granted patent can be annulled. This can happen because it is demonstrated that the patent does not satisfy one of the patentability criteria - but it can also occur for other reasons.

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A report to the applicant by a patent examiner, bringing to the applicant's attention documents which are thought by the patent examiner to establish whether the invention is novel and inventive.

The term used to cover the description, drawings and claims contained in an application.

The legal standing of a patent or patent application, i.e. whether it is pending, lapsed or still protected etc.

A full examination of the patent application, undertaken by a patent examiner. This will determine whether the application complies with all the legal requirements set out in the Patents Act The examination report takes into account any documents listed in the search report. In the light of the issues raised in an examination report, amendment of the patent application may be required.

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The maximum number of years that the monopoly rights conferred by the grant of a patent may last.

Conditions placed on the reinstatement of an application or patent which are designed to protect a third party who may have started to work the invention.

Bodies outside the hierarchy of the courts with administrative or judicial functions. The Patent Office is a tribunal.

Businesses often rely on confidential information -- inventions, strategies and processes -- to keep their competitive edge. If such information is improperly disclosed -- for example, by a former employee -- or otherwise illegally acquired by a competitor.

A Trademark is a word, brand name, symbol, or device, or a combination of them used by a manufacturer or merchant to identify goods, distinguishing them from others. It indicates origin and carries with it the expectation of quality of the goods bearing this mark (i.e.: Kodak, GE, AT&T, Burger King). A trademark cannot be acquired if it is identical to a trademark owned by another with similar goods or services. A trademark is specific in wording, graphic portrayal, color, etc.

Trade Related Aspects of Intellectual Property Matters. (Part of GATT General Agreement on Tariffs and Trade) .

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Fitness for some desirable practical or commercial purpose.

In some countries, a type of patent which is available involving a simpler inventive step than that in a traditional patent. Such patents generally have a shorter life.

Utility Patents, sometimes called "functional"(or, final) patents, cover a new and useful invention in the categories of processes; mechanical, electrical or chemical procedures; machines with moving parts; articles of manufacture, such as hand tools; compositions of matter, like chemical compounds, combinations, or mixtures. the life of a utility patent is currently 20 years from the date of filing.

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The World Intellectual Property Organisation. An intergovernmental organisation with its Headquarters in Geneva, Switzerland. It is responsible for the promotion of the protection of intellectual property throughout the world through co-operation amongst states. It is also responsible for the administration of various international treaties, such as the Patent Co-operation Treaty.

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