Basics of Patent- Learning series

PATENT TERMINOLOGIES TO BE REMEMBERED

Applicant
The person or corporate body that applies for patent and intends to work the invention ( to manufacture or license the technology). Under US law applicant must be inventor(s).

Patent Application/Application for patent
Papers comprising petition, specification, drawings (when necessary), one or more claims, oath or declaration and filing fee..

Continuing applications
1.Divisional application
2.Continuation and
3.Continuation-in-part

1.Divisional Application
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 application
A divisional application has the same specification as the “parent” but claims a different invention.

2.Continuation
Mainly in U.S
Second or subsequent application which are subsequently filled while the original patent application is pending. It must claim the same invention as the original application to gain the benefit of the parent filing date. (genus/species patent)
3.Continuation-in-part
Generally referred to as a C.I.P
Same as the continuation with the exception that some new material may be included. The C.I.P  must be filed while the original parent application is pending for any disclosed material in common with the parent.

Priority date
Initial date of filing of a patent application, normally in the applicant`s domestic patent office. This date is used to determine the novelty of an invention.

Filing date
The date when the application reaches the patent office in complete form.

Priority application
Under the right of the priority provision of the Paris Convention an application may be filed in one or more contracting stated or countries within 12 months of the first application. In this case the original application number becomes the priority application.

Expiry date
The date when a patent has run its full term in a country and is no longer protected there.
Lapse
The date when a patent is no longer valid in a country or system due to failure to pay renewal (maintenance) fees.