Basics of Patent- Learning series

Patent terminologies continued form previous post

Opposition
The time period allowed for interested party to post oppositions to grant of a patent (9 months for Europe and 12 months for India)

Rejection
When patent application is refused by patent office.

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Restoring a patent to protection after it has apparently lapsed by error or been revoked.

Renewal fees
Payment that must be made by applicant to the patent office in order to keep the patent in force and prevent it form lapsing. In US termed as maintenance fees.

Search report
A list of published items (both patent and non patent literature), issued by the patent examiner checking the novelty of the patent application, which are relevant to the subject of the invention.

File wrapper
The folder in to which papers for a particular application are collected and maintained.
It contains a complete record of proceedings from filing of the initial patent application to the issued patent and any opposition after grant.

Publication number
Number assigned to a patent when the patent application is published. This number is different from the application no., which is assigned when the application is filed.
The publication no. is made up of a country code (2 letters) and a serial no. (variable 1 to 10 digits)

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

Comprising
The term “comprising” is an open term saying “including the following but not excluding others”
Eg. A process comprising A+B also covers A+B+C

Consisting
Consisting is a closed term saying including this only.
Eg. A process consisting A+B does not cover A+B+C

Consisting essentially of
It is a part open and part closed term saying “including the following elements and excluding additional unspecified ingredients which would affect the basic and novel characteristics of the product defined in the balance of claim”.
Eg. A process consisting essentially of A+B also covers A+B+C if C is not vitally important to the invention