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15 Cards in this Set

  • Front
  • Back
What is an accused device (composition of matter/method)?
The allegedly infringing item (or composition of matter or method) that was made, used, sold, offered for sale, or imported by one accused of infringing a patent.
What is the all-limitations rule?
A doctrine requiring that in order to be found infringing, an accused device must satisfy each and every limitation of an allegedly infringed patent claim. The all-limitations rule emphasizes that each and every limitation of a patent claim is material.
What is an amendment?
Applicant's written response to the Office Action.
What is analogous art?
The prior art permissibly considered in an analysis for nonobviousness. As a matter of law, that which the PHOSITA would have consulted in attempting to solve the problem addressed by her invention.
What are the two elements required for the prior art in question to be considered analogous art?
The prior art in question must either be:
(1) prior art within the same field of endeavor as the invention, or
(2) prior art from a different field but reasonably pertinent to the same problem as that addressed by the invention
What does it mean for an applicant to "antedate"?
Antedate is synonymous with "swearing behind" a reference. In accordance with 37 C.F.R. 1.131, a patent applicant may establish an invention date which predates the effective date of a prior art reference that has been cited against his claims in a rejection for a lack of novelty under 102(a) or (e) or for obviousness under 103.
What is anticipation?
Anticipation is the negation of novelty, which occurs through the triggering of one or more subsections of 102. When one of these events has occurred, it is said that the claimed invention has been anticipated. The necessary relationship between an anticipatory prior art reference and the claimed invention is one of strict identity.
What is an article of manufacture?
An article of manufacture is the production of articles for use from raw or prepared materials, new forms, qualities, properties, or combinations, whether by hand-labor or by machinery.
What is an assignment?
An assignment is a transfer of ownership of a patent, patent application, or any interest therein.
What is the best mode requirement?
The best mode requirement is a requirement of 112(1) that an inventor must disclose in a US patent application the best way known to the inventor on the application's filing date of carrying out the invention. The best mode is sometimes designated as the preferred embodiment of the invention.
What are blocking patents?
Blocking patents are when two or more patents having claim coverage such that the practice of one patent infringes the other and vice versa. Patents are often said to be blocking when a first patent issues covering a basic invention, a second patent issues covering an improvement of the basic invention, and the patents are owned by different entities. The blocking patents scenario is traditionally resolved by means of cross-license.
What is central claiming?
Central claiming is a patent claiming regime in which the patent claim recites the preferred embodiment of the invention but is deemed as a matter of law to include all equivalents to that preferred embodiment.
What is a patent claim(s)?
A claim is the concise formal definition of the patented invention. It is comparable to the legal description of a land parcel in a deed. The claims are the numbered sentences at the end of the patent document.
What is a commercial embodiment?
The commercial embodiment is the actual product or process, sold in the marketplace, which corresponds to the invention as claimed in a patent. For purposes of determining infringement, however, it is important to compare the commercial embodiment of the patented invention with the accused device. The patent claims, rather than the commercial embodiment of the invention, are what must be compared with the accused device in order to find infringement.
What is composition of matter?
A composition of matter is all compositions of two or more substances and...all composite articles, whether they be the results of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders or solids.