Intellectual Property Law Glossary
Search our IP Glossary for commonly used and esoteric IP law terms
Glossary of Intellectual Property Terms
From “Abandoned Application” to “Zombie Copyright,” we have collected hundreds of the key intellectual property legal terms with definitions.
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IP Glossary Index
Intellectual Property Terminology
N “National Stage Application” to “Novelty”
O “Obviousness” to “Original Filing Basis”
P “PAIR” to “Public Domain”
Q “Quasi-Contractual Obligation” to “Quit Claim Deed”
R “RCE” to “Right to Use Search”
S “Scope” to “Suspension Letter”
T “TARR” to “Typed Mark”
U “UDRP Domain Name Proceedings” to “Utility Patent”
V “Venture Capital & Private Equity” to “Visual Artist Rights Act”
W “WCT” to “WTO”
X “X Patent” to “Xerox”
Y “Yearly Review” to “Your Honor”
Z “Zero Damages” to “Zombie Copyright”
A “Abandoned Application” to “Authorship”
B “Benefit Claim” to “Business Transactions”
C “Canceled Claim” to “Cybersquatting”
D “Data Breaches & Hacking” to “Drawing”
E “E-Commerce Agreements” to “Extension Request”
F “Fair Use” to “Fraud Litigation”
G “Generic Misspellings” to “Genericide”
H “Home Copy” to “Hold Harmless”
I “IAC” to “ITU”
J “Joint Application” to “Junior User”
K “Knock-Out Reference” to “Knowledge”
L “Laches” to “Luxury Brand Protection”
M “Madrid Protocol” to “Multiple Dependent Claim
A “Abandoned Application” to “Authorship”
Abandoned Application: An application (patent, trademark, or copyright) that is no longer active or pending.
Abandonment: Abandonment may be either of the invention or of a patent application.
Abstract of the Disclosure: A brief abstract of the technical disclosure in the specification commencing on a separate sheet, preferably following the claims, under the heading “Abstract” or “Abstract of the Disclosure.”
Abstract: For a patent, a concise statement of its technical disclosure.
Acceptable Identification of Goods and Services Manual: A USPTO manual listing acceptable identifications of goods and services for use in trademark applications.
Actual Filing Date: The patent application’s filing date.
ADS: The ADS or “Application Data Sheet” is a sheet or set of sheets containing bibliographic data, which is arranged in a format specified by the office in accordance with 37 CFR 1.76.
Agent: An individual who is authorized to represent an another, called a “principal.” For patents, this is a person registered to practice before the office and authorized to represent an applicant for a patent. An “agent” is not a licensed attorney, but is authorized to act for or on behalf of the applicant.
Agreement: A contract.
AIPA: American Inventors Protection Act, an amendment to the U.S. Patent Act, legislation aimed at protecting the rights of inventors.
AIPLA: American Intellectual Property Law Association.
Allegation of Use: A statement filed by a trademark applicant at the UPSTO asserting the use of a trademark in commerce in connection with claimed goods/services.
Amazon Brand Registry Program: A program intended to help brand owners protect their intellectual property (IP) and police use of brands on Amazon to protect consumers.
Amazon’s Utility Patent Neutral Evaluation Procedure: An expedited legal proceeding managed by Amazon to resolve disputes over utility patents between sellers.
Amendment to Allege Use: A sworn document filed with the USPTO to declare use of a trademark in commerce in connection with claimed goods/services after filing an intent-to-use (ITU) application.
Amendments to Patent Applications: Any modifications, including additions, made to an application during a patent process.
Annuity Fees: Governmental fees that patent applicants and holders must pay to maintain their patent rights each year. Annuities are typically charged by patent offices foreign to the United States.
Anonymous Work: For copyrights, a work for which the author is not identified as a natural person.
Anticipation: Under 35 U.S.C. § 102(a), a concept in patent law where an invention is not considered novel because it has been previously disclosed in a single prior art reference. “Anticipation” can be used to reject a pending patent application or if a patent issued, invalidate patent claims.
Anticybersquatting Consumer Protection Act: The Anticybersquatting Consumer Protection Act (ACPA), 15 USC § 1125(D) “was intended to prevent ‘cybersquatting,’ an expression that has come to mean the bad faith, abusive registration and use of the distinctive trademarks of others as Internet domain names, with the intent to profit from the goodwill associated with those trademarks.”
Anti-Counterfeiting & Trademark Piracy: Anti-Counterfeiting & Trademark Piracy are steps taken to stop counterfeiting and piracy of trademarks, which can include IP enforcement programs. For more information, please see our Anti-Counterfeiting & Trademark Piracy page.
Anti-Trafficking in Trademarks: Legal strategies and tactics to prevent infringement, piracy, and counterfeiting of trademarks.
Applicant: The person or entity that files for a patent, copyright, or trademark registration.
Arbitrary Marks: Trademarks that consist of words or images that do not inherently describe the product or service for which they function as the source identifier. Arbitrary marks are considered inherently distinctive, which entitles them to a higher degree of protection.
Architectural Work: For copyright applications, an architectural work is an artistic creation that represents the design of a building or structure.
Artistic Works: Copyrightable works that includes drawings, paintings, literary works, and more.
Assignee: The person or entity to which rights have been transferred through an assignment.
Assignment of Copyright: Transfer of copyright ownership, which in most cases must be done in writing.
Assignment: The transfer of rights held by one party to another party or parties.
Assignor: The person or entity transferring rights through an assignment.
ATO: Authority to operate. Attorneys may offer “authority to operate” opinions to clients wishing to enter a new technology area to ensure a new product or service does not infringe the rights of another.
Attorney: A person who is legally qualified and licensed to practice law, represent clients, and conduct lawsuits. Attorneys may be licensed by the States, Washington, D.C., and the United States Patent and Trademark Office (“USPTO”).
Attorney-Client Privilege: With narrow exceptions, communications between a lawyer and their client are shielded from discovery.
Audiovisual Works: For copyrights, audiovisual works are works that consist of a series of related images that impart an impression of motion, together with accompanying sounds.
Authorship: For copyrights, the creator of an original work.
B “Benefit Claim” to “Business Transactions”
Beauregard Claim: A claim in a patent that refers to or describes a computer program embodied in a tangible medium like a hard disk, CD, or flash drive, tying the software to a physical element.
Benefit Claim: A claim in a patent application that refers to or claims the benefit of an earlier filing date from a related application.
Berne Convention: An international agreement governing copyright protection, which allows works from one member country to be protected in other member countries.
Best Edition: The requirement under U.S. copyright law to deposit the best version of a work when registering a copyright.
Best Mode Requirement: A requirement in patent law to disclose the best method known to the inventor for carrying out the invention at the time of filing the patent application.
Blackout Period: The period after a trademark is approved for publication and before a Notice of Allowance is issued.
Brand Protection: Protection of a brand typically through trademark and copyright registrations. For more information, see our Brand Protection page.
Branding: The process of creating a unique or distinctive source identifier for a product or service in the minds of consumers. This can be accomplished through a word mark, an image or logo, and/or a tagline. Sounds, colors, product appearance and packaging, and other identifiers can also be used to establish a brand.
Breach of Contract Litigation: Litigation where one party claims the other party breached an obligation set forth in a contract between the parties. For more information, see our Breach of Contract Litigation page.
Breach of Fiduciary Duty Litigation: Litigation where one party claims it was owed a fiduciary duty by the defendant and that the defendant breached this duty causing harm to the plaintiff. For more information, see our Breach of Fiduciary Duty page.
Business Entity Formation: Formation of a corporation, limited liability company, partnership, or limited liability partnership. For more information, see our Business Entity Formation page.
Business Planning: The planning of a business, which includes the business entity formation and governance, financing, ownership, and operations. For more information, see our Business Planning page.
Business Transactions: Business transactions include financing, mergers and acquisitions, contracts, sales, raising capital or debt, and commercial agreements. For more information, see our Business Transactions page.
C “Canceled Claim” to “Cybersquatting”
Canceled Claim: For a patent application, a claim that has been removed from consideration or altered during the patent examination process.
Canceled: A status indicating that a legal claim, such as a trademark registration or patent claim, has been nullified and is no longer valid.
Cancellation Proceeding: A legal challenge to the validity of a registered trademark filed with the TTAB.
Cease and Desist: A letter sent by an intellectual property rights owner (such as a trademark, copyright, or patent) to a party it believes to be infringing the owner’s rights. “Cease” means stop; “desist” means do not do in the future.
Certificate of mailing: A document proving that a particular piece of mail has been sent.
Certificate of registration: A document issued by a government authority that officially records the registration of something, such as a trademark, copyright, or patent. Certificates of registration are often used in litigation to meet a plaintiff’s burden to prove it owns the claimed from of IP asserted in the lawsuit.
Certification Mark: A mark that identifies goods and services at a certain standard.
CFR: Code of Federal Regulations, a codification of the general and permanent rules published in the Federal Register by the departments and agencies of the U.S. government.
CIP: Continuation-In-Part, a type of patent application that adds new matter to an existing application while retaining the original filing date for what was previously disclosed and is assigned a new filing date for the new materials added to the application.
Claim Chart: A tool used to analyze and apply the elements of a patent claim to an accused device or process to establish patent infringement. Often used in patent litigation. Can also be used to show that a patent claim is invalid in light of prior art disclosures.
Claims: For patents, the claim defines the invention. For litigation, a claim is a cause of action asserted by one party against another.
Classification of Goods and Services: A system used by trademark offices to categorize and register trademarks according to specific categories of goods or services.
Classification: A code that provides a method for categorizing the invention.
Cloud Computing Technology: Cloud computing technology involves use of computers, computer networks, databases, and related technology. For more information, see our Cloud Computing Technology page.
Code of Federal Regulations: Also referred to as the “CFR”, the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government.
Coinventor: An inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception (creation) of the invention set forth in at least one claim in a patent application. In general, co-inventors of a patent application are considered co-owners even if the contributions made were not equal.
Collective Mark: A trademark or service mark used by members of a cooperative, an association, or other collective group or organization.
Collective Work: For copyrights, a collective work that consists of a number of contributions, each constituting separate and independent works in themselves, assembled into a collective whole.
Combination Patent: A patent that claims a combination of elements or features that work together to perform a function.
Commercial Litigation: Commercial litigation typically involves commercial transactions and rights such as breach of contract, fraud, and breach of fiduciary duty litigation. For more information, see our Commercial Litigation page.
Common Inventor: An inventor who is named in more than one patent application, showing a linkage between the applications.
Common Law Rights: Trademark rights that are established when a trademark is used in commerce in connection with specific goods and services. The “common law rights” are often limited to the geographic area of the use and possibly a foreseeable zone of expansion. These rights are determined by States as opposed to federal statutes.
Common Law Trademark: A type of trademark protection that is established by the States through actual use of the mark in commerce, without a formal registration, in connection with specific goods and services. “Common Law Trademarks” can sometimes include a foreseeable zone of expansion.
Compilation: A copyright work formed by collecting and assembling preexisting materials that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship under the Copyright Act.
Complaint: In federal court, a complaint is typically the initial document in a lawsuit setting forth the claims and relief sought by the plaintiff.
Composed Of: A term used in patent claims to specify that the invention includes all the listed elements or steps.
Composition of Matter: A category of patent law that includes compositions of two or more substances and all composite articles, whether they be the result of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders, or solids.
Comprising: A term in patent claims that is inclusive, indicating that the list of elements can include additional, unrecited elements.
Computer Program: A set of instructions executed by a computer to perform a specific task.
Concept: An idea or design.
Conception of Invention: The formation, in the mind of the inventor, of a definite and permanent idea of the complete and operative invention, as it is to be applied in practice.
Concurrent Use Agreement: An agreement resolving the conflict between two parties using the same or similar trademark in different geographic areas.
Concurrent Use Application: An application filed for a trademark that is already in use by another party, usually in a different geographical area.
Concurrent Use Proceeding: A legal proceeding at the TTAB to resolve conflicts when two parties claim rights to the same trademark in different geographic areas.
Conflicting Marks: Trademarks that are similar enough to potentially cause confusion among consumers, given the likelihood of confusion factors.
Consent Agreement: An agreement between two parties where a party consents to the use by the other party of a trademark that might otherwise infringe on trademark rights. Consent Agreements often contain mutual consent as well as no-challenge provisions.
Consisting Essentially Of: A phrase used in patent law to indicate that the invention necessarily includes the listed elements or features, but may also include other elements that do not materially affect the basic and novel characteristics.
Continuation in Part: Also referred to as “CIP,” a patent application filed during the lifetime of an earlier nonprovisional application, that includes a portion or all of the earlier nonprovisional application and adding some new matter not disclosed in the earlier nonprovisional application.
Continuation: A type of patent application filed to pursue additional claims based on the same disclosure as a prior application and is therefore entitled to the filing date of the earlier application.
Continued Use: The ongoing use of a trademark in commerce. Continued use is necessary to maintain trademark rights, both at the USPTO and in common law.
Continuing application: A patent application that claims priority to a previously filed application, including continuations, divisionals, and continuations-in-part.
Contracts & Commercial Agreements: Contacts are agreements between two or more parties, typically reduced to writing. For more information, see our Contracts & Commercial Agreements page.
Contributory Infringement: A doctrine of copyright, trademark, and patent law where a person or company may be held liable for infringing on a copyright, trademark, or patent based on their contribution to another’s infringement. In most cases, for contributory infringement to exist, there must be direct infringement by a third party.
Copies: Under copyright law, material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
Copyright Counterfeiting Enforcement: Strategies to stop counterfeiters of copyrightable material, such as software. For more information, see our Copyright Counterfeiting Enforcement page.
Copyright Deposit: A copy of the work claimed for protection submitted as part of the copyright application registration process.
Copyright Indemnification & Indemnity: Where a third-party owes indemnity relating to a copyright claim, typically copyright infringement or a dispute over copyright ownership. For more information, see our Copyright Indemnification & Indemnity page.
Copyright Infringement Defense: A defense to a claim for copyright infringement such as license, exhaustion, and fair use doctrine. For more information, see our Copyright Infringement Defense page.
Copyright Licensing: Granting rights to a third party to use a copyright. For more information, see our Copyright Licensing page.
Copyright Litigation: Litigation over copyright infringement, ownership, and other issues related to copyrights. For more information, see our Copyright Litigation page.
Copyright Owner: The person or legal entity that holds the copyright in a work, possessing exclusive rights to reproduce, distribute, and exploit the work as defined under the U.S. Copyright Act.
Copyright Protection: The protections afforded to works under the U.S. Copyright Act. For more information, see our Copyright Protection page.
Copyright Registration: An official recognition of a copyright by the U.S. Copyright Office. For more information, see our Copyright Registration page.
Copyrights: Legal rights granted to creators of original works of authorship, including the right to control the use and distribution of these works, under the U.S. Copyright Act.
Corporate Financing: Corporate Financing includes raising debt through a variety of instruments. For more information, see our Corporate Financing page.
Corporate Governance & Counseling: Corporate Governance & Counseling involves corporate meetings and meeting minutes, election of officers and managers, and other corporate activities. For more information, see our Corporate Governance & Counseling page.
Counterclaim: A claim made by someone being sued against the party suing them.
Counterpart: A document or agreement, such as a signature page, that is one of several identical copies, each considered original but together constituting one document.
Covered Business Method (CBM) Review Proceedings: Covered Business Method Patent Review Proceedings involve reviews conducted by the USPTO for certain types of patents considered “Business Method” patents. For more information, see our Covered Business Method (CBM) Review Proceeding page.
CPA: Continued Prosecution Application.
Created: When a work is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.
CRF: Computer readable format.
Current Filing Basis: The legal basis upon which a trademark application is filed, indicating how the mark is used or intended to be used in commerce. Typically, this is referred to as “1a” use based or “1b” intent to use based.
Customer & Reseller Agreements: An agreement between a customer or reseller and a supplier. For more information, see our Customer & Reseller Agreement page.
Customer Number: A unique number assigned to a customer or client by a company or organization for identification and record-keeping purposes.
Customs & Border Protection IP Rights Enforcement: Strategies and tactics to prevent entry into the United States of products that infringe trademarks, copyrights, and patents. For more information, see our Customs & Border Protection IP Rights Enforcement page.
Cyber Security: Strategies and tactics to protect computer systems, networks, electronic devices, and databases from digital attack. For more information, see our Cyber Security page.
Cybersquatting: Typically defined as registration of a domain name incorporating the distinctive trademark rights of another coupled with bad faith. For more information, see our Cybersquatting page.
D “Data Breaches & Hacking” to “Drawing”
Data Breaches & Hacking: Data breaches and hacking occur when an unauthorized third party gains access to a computer, database, cloud network, or other device. For more information, see our Data Breaches & Hacking page.
Data Compliance: Data compliance is governed by a set of national and international laws, regulations, and treaties. Examples include GDPR and COPPA. For more information, see our Data Compliance page.
Data Privacy: Data privacy is freedom from unauthorized intrusion by third parties. For more information, see our Data Privacy page.
Deceased Inventor: A patent inventor that passed away before the patent application process is completed.
Deceptive Trademarks: A trademark using language considered to be misleading to a consumer.
Declaration: A statement, typically sworn or under oath, verifying that the information in a document is true and factual.
Declaratory Judgment Lawsuit: A lawsuit that seeks a declaration of rights from the court.
Defendant: The party being sued.
Demand: A request for a certain action or cessation of an action.
Dependent Claim: A patent claim that depends on or refer back to a claim that is either an independent claim or another dependent claim.
Derivative Work: In copyright law, a work that is based up and may include one or more preexisting works.
Descriptive Mark: A type of trademark that directly describes the quality, characteristic, function, feature, or purpose of the product or service. Descriptive trademarks are difficult to enforce and require a showing of secondary meaning to be enforceable.
Design Patent Application: An application for a patent that protects the ornamental aspect of an invention, rather than its functional aspects.
Design Patent: A patent that protects the ornamental design, configuration, or shape of an invention for a period of 15 years. Design patents do not require maintenance fees and are limited to the ornamental as opposed to functional inventions.
Director and Officer Liability Representation: Often in commercial and business litigation, separate counsel is required to represent involved officers and directors due to conflicts issues. For more information, see our Director and Officer Liability Representation page.
Disclaimer: Giving up legal rights, often in the case of patent and trademark prosecution.
Disclosure: A patent application as filed must contain a full and clear disclosure of the invention as required by 35 USC §112(a).
Divisional Patent Application: A type of patent application that is divided into a subset of claims from a parent application and shares the same priority date as the parent patent application.
DMCA Compliance: The Digital Millennium Copyright Act (DMCA) amendment to the U.S. Copyright Act requires certain compliance measure for entities wishing to take advantage of the safe harbor provisions. For more information, see our DMCA Compliance page.
Docket: A list of patents, trademarks, copyrights, and domain names along with deadlines associated with the various docket entries.
Doctrine of Equivalents: A patent law doctrine that extends patent protection beyond literal infringement where the accused instrument contains elements or features that are substantially equivalent to those described in the patent claims.
Domain Litigation: Litigation over the rights associated with a domain name like ownership, infringement of a registered trademark, and domain name squatting. For more information, see our Domain Name Litigation page.
Domain Name Acquisition: The process to obtain a domain name registration. For more information, see our Domain Name Acquisition page.
Domain Name Indemnification & Indemnity Agreements: Agreements that provide indemnification in transactions involving domain names. For more information, see our Domain Name Indemnification & Indemnity Agreements page.
Domain Theft: Theft of a domain name registration, often through fraudulent access to the account holder for the registration. For more information, see our Domain Name Theft page.
Domestic Representative: An individual or entity appointed to represent a foreign applicant or registrant in trademark matters before a national trademark office.
Double Patenting: A patent law concept where patent protection is sought for the same invention in more than one patent application.
Drawing: A depiction of the trademark you want to register or an aspect or embodiment of an invention (patent) included in an application.
E “E-Commerce Agreements” to “Extension Request”
E-Commerce Agreements: Agreements relating to e-commerce such as privacy policies, website agreements, and terms of use. For more information, see our E-Commerce Agreements page.
e-Commerce: Electronic commerce, the buying and selling of goods or services over the Internet.
Effective Filing Date: A date used to determine patentability based on the earliest application that adequately describes the invention, which may include a chain of patents and patent applications such as provisional patent applications.
Element: A component of a patent claim.
Embodiment: A specific description or application of an idea, concept, or invention, which may not be limiting to the scope of the patent.
Employment, Non-Disclosure, & Non-Compete Agreements: Agreements setting forth obligations in employment relationships relating to disclosure of confidential information and competition post-employment. For more information, see our Employment, Non-Disclosure, & Non-Compete Agreements page.
Enablement: A requirement to obtain a patent that the specification provide sufficient disclosure so that someone skilled in the art could practice the invention without undue experimentation.
Enforceability of Patent: Patents are presumed to be valid and enforceable unless shown by clear and convincing evidence to be invalid.
Ensnarement Defense: A strategy in patent litigation where the scope of the patent’s claims cover prior art, which invalidates the claim.
EPO: European Patent Office
Estoppel in Patent Law: A principle of patent law that one cannot claim rights to a scope of the claiming previously disclaimed during patent prosecution.
ESTTA: Electronic System for Trademark Trials and Appeals.
eTAS: Electronic Trademark Assignment System.
eTEAS: Electronic Trademark Examination Application System.
EU: European Union.
Ex Parte Appeal: An appeal where the appeal board reviews the patent examiner’s decision without the other party present.
Ex Parte Quayle: An Ex-Parte office action typically states that an application will be allowable with only minor corrections, such as drawing corrections, typos, and formatting fixes. In an ex-Parte Qualye actions, no new rejections are made and applicant’s response is limited to the non-substantive amendments.
Examiner’s Amendment: An amendment to a trademark or patent application made by an examining attorney.
Examining Attorney: An attorney employed by the United States Patent and Trademark Office (USPT)), who examines either patent or trademark applications.
Exclusive Right: The power or privilege a party has under IP law (patent, trademark, and copyright) to exclude others from certain actions.
Excusable Nonuse: A trademark law defense where nonuse of a trademark is deemed acceptable under certain circumstances.
Express Abandonment: A statement by an applicant or registrant indicating the voluntary abandonment of a patent or trademark application or registration.
Extension Request: A request for additional time to meet a deadline, typically submitted to the United States Patent and Trademark Office or an examiner.
F “Fair Use” to “Fraud Litigation”
Fair Use: Allows trademarks and copyrighted materials to be used for certain purposes without violating rights, which can be asserted as a defense to trademark infringement and copyright infringement claims.
False Advertising Litigation: Litigation, typically under the Lanham Act, 15 U.S.C. Section 1125, involving alleged false statements made in commerce. For more information, see our False Advertising page.
False Advertising: An advertisement considered to be false or misleading to consumers.
False Marking of Patent: Marking a product with a patent number that does not cover the product. This can occur when a patent expires and the marking is not removed.
Famous Trademarks under Federal Law: Trademarks that qualify as famous under 15 U.S.C. Section 1125(c) of the Lanham Act. Examples include McDonald’s Golden Arches and Nike’s Swoosh.
Fanciful Trademark: A trademark consisting of a made-up word or phrase that has no meaning other than as a trademark and does not describe the qualities of the goods or service for which the mark acts as the source identifier.
Federal Trademark Registration: A trademark registered with the United States Patent and Trademark Office, which enjoys rights such as nation-wide priority and certain presumptions.
Filing Basis: The legal basis for filing an application to register a trademark. Typically, trademark applications are filed based on use or intent to use in the future.
Filing Date: The date the Copyright Office or the United States Patent and Trademark Office receives an application with the subject matter and all required materials. This could include a required filing or application fee.
Formal Patent Drawings: Standardized illustrations compliant with certain regulations used for patent applications.
Franchising & Franchise Agreements: Agreements between a franchisor on one hand and a franchisee on the other. For more information, see our Franchising & Franchise Agreements page.
Fraud Litigation: A form of commercial litigation involving a false statement made to induce another to rely upon it to his/her detriment. For more information, see our Fraud Litigation page.
G “Generic Misspellings” to “Genericide”
Generic Misspellings: A strategy to avoid trademark infringement by misspelling a product’s or service’s name.
Generic Terms (Trademarks): Terms used by the general public to identify the type of product or service as opposed to the source of the product or service.
Genericide: When a trademark becomes generic and no longer protectable. Examples include Aspirin, Heroin, Cellophane, Butterscotch, Touch-Tone, Escalator, Trampoline, Thermos, Dry Ice, Kerosene, Laundromat, Linoleum, App Store, Xerox, Yo-Yo, Zip Code, Zipper, TV Dinner, and Video Tape.
H “Home Copy” to “Hold Harmless”
Home Copy: A copy of an international application filed under the Patent Cooperation Treaty (PCT) maintained by the receiving office where the international application was filed.
Hold Harmless: Hold harmless agreements can be synonymous with indemnity agreements.
I “IAC” to “ITU”
IAC: Inventors Assistance Center.
IB: International Bureau, the administrative arm of the World Intellectual Property Organization (WIPO).
IC: International Class.
Identification of Goods and/or Services: A description of the specific goods and/or services associated with a trademark or service mark, provided in a trademark application to specify the scope of protection sought.
IDS: Information Disclosure Statement, a document submitted to the United States Patent and Trademark Office (USPTO) by an applicant to disclose relevant prior art or information known to the applicant that may affect the patentability of the invention. Often, an IDS is used to meet an applicant’s and his/her counsel’s duty of candor.
Illegal Gray Market Goods Enforcement: Typically, gray market goods sales occur when an authorized reseller purchases a genuine good and then attempts to sell it through a prohibited channel. For more information, see our Illegal Gray Market Goods Enforcement page.
Impersonation & Username Squatting: A strategy to divert sales from a trademark owner or famous person by using their username on social media or pretending to be someone else. For more information, see our Impersonation & Username Squatting page.
Incontestability: A legal status conferred on a trademark registration after a certain period of continuous and exclusive use, during which the mark becomes immune to certain challenges to its validity, such as claims of descriptiveness.
Incontestable Trademark: A registered trademark that can only be canceled for very limited reasons, such as fraud on the United States Patent and Trademark Office.
Indemnity & Hold Harmless Agreements: Agreement relating to where one party agrees to indemnify and hold harmless another party. These provisions are common in commercial agreements. For more information, see our Indemnity & Hold Harmless Agreements page.
Independent Claim: A patent claim that does not depend on any other patent claim.
Indirect Infringement: A type of infringement that occurs when a party contributes to or induces another to infringe a patent, trademark, or copyright. Indirect infringement usually requires an act of direct infringement by a third-party and a relationship between the third party and the alleged indirect infringer.
Inequitable Conduct: A doctrine of patent law that renders a patent unenforceable due to misrepresentations to the United States Patent and Trademark Office (USPTO) or failure to disclose information material to patenting. This doctrine requires an intent to deceive.
Information Disclosure Statement (IDS): See definition of IDS above.
Infringement: The unauthorized use, reproduction, or exploitation of intellectual property rights, such as patents, trademarks, or copyrights, without the permission of the rights holder.
Insurance Coverage Disputes: A dispute between an insurer, such as an insurance company, and the insured typically over whether a loss is covered or not. For more information, see our Insurance Coverage Disputes page.
INTA: International Trademark Association, a global association of trademark owners and professionals dedicated to promoting and protecting trademarks and related intellectual property rights.
Intellectual Property (IP): Intangible assets including patents, trademarks, copyrights, and trade secrets, protected by law to incentivize innovation and creativity. IP rights typically confer exclusivity and the right to exclude others from using the IP.
Intellectual Property Audits & Due Diligence: IP Audits are frequently used in the due diligence process to determine the extent of IP assets and any gaps in coverage, which would allow a competitor entry into the marketplace for a feature or piece of technology. For more information, see our Intellectual Property Audits & Due Diligence page.
Intellectual Property Indemnification & Indemnity Agreements: Agreements that provide indemnification and possibly a right to a defense against third-party intellection property infringement claims. For more information, see our Intellectual Property Indemnification & Indemnity Agreements page.
Intent to Use: A legal declaration by a trademark applicant that they have a bona fide intention to use in the future a trademark in commerce.
Inter Partes Reexamination: A proceeding before the United States Patent and Trademark Office where the validity of one or more claims of a patent are challenged and the party initiating the proceeding has the right to participate. For more information, see our Inter Partes Review (IPR) Proceedings page.
Interference Proceedings in Patents: A proceeding before the United States Patent and Trademark Office (USPTO) to determine the priority of inventions between two or more parties claiming the same invention in their patent applications or overlapping inventions.
International Application: A patent application filed under the Patent Cooperation Treaty (PCT) that seeks protection for an invention in multiple countries simultaneously.
International Class (IC): A classification system used by the United States Patent and Trademark Office (USPTO) for trademark applications to the claimed categorize goods or services.
Interstate Commerce: A requirement for federal trademark rights, commercial trade, traffic, or transportation between different states within the United States as opposed to commerce only conducted within one State.
Invention: A new, useful, and non-obvious process, product, composition of matter, or improvement thereof, protected by the U.S. Patent Act, 35 U.S.C. Section 101, et seq.
Inventor: An individual who conceives of a new and inventive idea or concept and contributes to the creation of an invention, typically related to patent law, where the each inventor must be identified in the patent application.
Inventor’s Notebook: Notes or a notebook kept by an inventor that records the steps taken and experimentation conducted to provide evidence of dates of conception, reduction to practice, and invention of a patent.
IP: Intellectual Property.
IPR: Intellectual Property Rights.
ISR: International Search Report, a report identifying relevant prior art and issued by an International Searching Authority (ISA) as part of the international patent application process under the Patent Cooperation Treaty (PCT).
Issue Date: The date on which a patent or trademark registration is officially granted or issued by the United States Patent and Trademark Office (USPTO).
IT: Information Technology
ITU: Intent to Use, which can establish trademark rights in an application with the United States Patent and Trademark Office (USPTO), if the applicant has a bona fide intent to use the trademark in commerce in the future.
J “Joint Application” to “Junior User”
Joint Application: A patent application jointly filed by two or more individuals or entities who are co-inventors of the same invention.
Joint Mark: A trademark owned jointly by two or more individuals or entities, indicating shared ownership or collaboration in the goods or services associated with the mark.
Junior Registrant: The holder of a trademark registration who filed for the mark after another party (the “Senior Registrant”), who may have superior rights, and also claims rights to the mark.
Junior User: A party who begins using a trademark after another party (the senior user) has already begun using the mark.
K “Knock-Out Reference” to “Knowledge”
Knock-Out Reference: Prior art, often falling within 35 U.S.C. Section 102, that is so close to the invention being searched that seeking patent protection would likely be futile.
Knock-Out Search: A type of trademark search to quickly find existing trademarks that may prevent registration of the potential mark being searched.
Knowledge: Knowledge to possess information or knowledge.
L “Laches” to “Luxury Brand Protection”
Laches: An affirmative defense that the rightsholder engaged in an unreasonable delay in pursuing a right or claim such that it prejudiced an alleged infringer such that the rights can no longer by asserted by the IP owner.
Legal Entity: An organization or person with legal rights.
Letters Patent: A document issued by a government authority, such as the United States Patent and Trademark Office (USPTO) granting an official patent.
License Agreement: An agreement that provides certain rights to intellectual property to a third party under certain terms and conditions, like scope, geographic territory, and term.
License: Permission granted to a third party, which allows for usage of intellectual property rights.
Licensor: The owner of intellectual property granting rights to the licensee.
Likelihood of Confusion: In trademark law, the possibility that consumers may mistakenly believe that goods or services emanate from a source different from their actual source because of similarities between the marks; overlap in customer base, channels of trade, and forms of marking; or intentional copying, for example.
Literary Works: In copyright law, literary works are a special kind of creative work that is expressed in written or printed form, including novels, poems, plays, screenplays, and other literary compositions protected by copyright.
Luxury Brand Protection: Protection of trademarks and copyrights owned by luxury brands. Often involves anti-counterfeiting measures. For more information, see our Luxury Brand Protection page.
M “Madrid Protocol” to “Multiple Dependent Claim”
Madrid Protocol: The Madrid System for the International Registration of Marks, an international treaty administered by the World Intellectual Property Organization (WIPO) that allows trademark owners to register their marks in multiple countries through a single application.
Maintenance Fees: Fees required to maintain the validity and enforceability of a patent or trademark registration.
Mark: A word, phrase, symbol, design, or combination thereof used to identify and distinguish the goods or services of one seller or from those of others in the marketplace. Use of protectable trademarks in commerce generate goodwill for the mark owner.
Markush Doctrine: A legal principle allowing patent claims to encompass a group or series of alternative elements or components.
Mask Work: A type of intellectual property law protected under the U.S. Copyright Act, that involves three-dimensional layout or topography used in semiconductor chips.
Master Service Agreements: A common agreement between a vendor and a customer that typically references a statement of work (SOW) for each additional project. For more information, see our Master Service Agreements page.
Means Plus Function: A patent claim that claims an element by the function it achieves as opposed to specific structure of the element.
Merely Descriptive: Where a trademark merely describes the good or service and is generally not protectable or enforceable without a showing of secondary meaning.
Mergers & Acquisitions: Used in corporate law, where one or more entities are acquired or merged together. For more information, see our Mergers & Acquisitions page.
Misappropriation: Where one party takes the intellectual property of another. This term is commonly used to refer to trade secret misappropriation, but applies broadly. For more information, see our Misappropriation page.
MPEP: Manual of Patent Examining Procedure.
Multiple Dependent Claim: A patent claim that depends on two or more other claims.
N “National Stage Application” to “Novelty”
National Stage Application: A patent application filed in a national or regional patent office following the international phase of a Patent Cooperation Treaty (PCT) application, seeking examination and approval in individual countries or regions.
New Matter: Information added to a patent application after its initial filing that was not originally disclosed. This practice is generally not allowable.
NOA: Notice of Allowance, an official notification issued by the United States Patent and Trademark Office (USPTO) indicating that a patent application has been allowed for issuance as a patent, subject to payment of required fees.
Non-Compete Litigation: Litigation involving an employer and ex-employee generally over a claim the ex-employee took confidential information to compete after the employment ended. For more information, see our Non-Compete Litigation page.
Non-Disclosure Agreement (NDA): An agreement that restricts the use and disclosure of confidential information and trade secrets. For more information, see our Non-Disclosure Agreements page.
Non-Final Office Action: An office action issued by a patent examiner during the examination of a patent application, typically identifying objections or rejections that must be resolved before an application may be allowed.
Non-Patent Literature (NPL): Documents other than patents or patent applications that can be used as prior art in a patent matter.
Nonprovisional Patent Application: A patent application filed with the United States Patent and Trademark Office (USPTO) that includes a complete disclosure of the invention. A nonprovisional patent application may be filed directly as a stand-a-lone application or it may claim priority through another patent application such as a previously filed provisional patent application.
Notice of Abandonment: An official notification issued by the United States Patent and Trademark Office (USPTO) indicating that a patent application or trademark application has been abandoned or deemed abandoned due to the applicant’s failure to respond to an office action or meet other requirements within the prescribed time period.
Notice of Allowability: An official notification issued by a patent examiner indicating that a patent application is allowable and ready for issuance as a patent, subject to payment of required fees and completion of any outstanding formalities.
Notice of Allowance (Trademarks): An official notice from the United States Patent and Trademark Office (USPTO) that a trademark application has been accepted and will register upon payment of the required fees.
Notice of Allowance (Patents): An official notification issued by the United States Patent and Trademark Office (USPTO) indicating that a patent application has been allowed for issuance as a patent, subject to payment of required fees.
Notice of Publication: An official notification issued by the United States Patent and Trademark Office (USPTO) indicating that a patent application has been or will be published after a certain period making the application available to the public or that a trademark will be published in the Official Gazette.
Notice of References Cited: An official notification issued by a patent examiner indicating the prior art references cited during the examination of a patent application.
Novelty: A requirement for patentability that the invention must be new.
O “Obviousness” to “Original Filing Basis”
Obviousness: The requirement that to qualify for patent protection an invention must not only be new but also sufficiently inventive, i.e., non-obvious to someone with ordinary skill in the area of technology related to the invention. See 35 U.S.C. Section 103.
OED: Office of Enrollment and Discipline, a division within the United States Patent and Trademark Office (USPTO) responsible for registering and disciplining patent attorneys and agents practicing before the USPTO.
OEIP: Office of Electronic Information Products.
Office Action: An official communication issued by a patent examiner or trademark examiner during the examination of a patent application or trademark application, identifying issues, objections, or rejections that must be addressed to obtain a patent or trademark registration.
OG: Official Gazette, a publication issued by a patent office containing official notices, announcements, and information related to patents, trademarks, and other intellectual property matters.
Online Privacy: Laws and regulations relating to online privacy such as COPPA and GDPR. For more information, see our Online Privacy page.
Online Seller Enforcement: Strategies to enforce contractual and intellectual property rights against online sellers. This may involve anti-counterfeiting, gray market goods, and online infringement. For more information, see our Online Seller Enforcement page.
Online Sweepstakes & Games: Rules and regulations governing the offering of online sweepstakes and games. For more information, see our Online Sweepstakes & Games page.
Opposition Proceeding: A legal proceeding before TTAB in which parties challenge the validity or registration of a trademark application. The grounds may include senior use, fraud on the USPTO, and lack of distinctiveness.
Original Filing Basis: The legal basis or grounds on which a trademark application is initially filed with the United States Patent and Trademark Office (USPTO), such as actual use in commerce, intent to use, or foreign registration.
P “PAIR” to “Public Domain”
PAIR: Patent Application Information Retrieval, an online system provided by the United States Patent and Trademark Office (USPTO) for accessing and managing patent application documents, correspondence, and status information.
Parent Application: An application filed with the United States Patent and Trademark Office (USPTO) for an invention, from which subsequent applications, such as continuations, divisionals, or continuation-in-part applications, claim priority or benefit. Foreign patent applications (PCTs) may also be filed through the domestic patent application.
Paris Convention: An international treaty among member countries that provides protection of industrial property, including patents and trademarks.
Patent Agent: An individual licensed to practice before the United States Patent and Trademark Office (USPTO) to represent inventors or applicants in patent matters, including preparing and prosecuting patent applications and conducting patentability searches. Patent Agents are not licensed attorneys.
Patent and Trademark Depository Library: A library designated by the United States Patent and Trademark Office (USPTO) to provide public access to patent and trademark information, documents, and resources.
Patent And Trademark Office (USPTO): A government agency responsible for granting and administering patents and trademarks within the United States.
Patent Appeal: A legal proceeding for an applicant to challenge the rejection or refusal of a patent application by a patent examiner at the United States Patent and Trademark Office (USPTO).
Patent Application Number: A unique identifier assigned to a patent application by the United States Patent and Trademark Office (USPTO).
Patent Application Publication: The publication of a patent application by the United States Patent and Trademark Office (USPTO) after a certain period following the filing or priority date, typically 18 months, making the application publicly available before the patent is granted.
Patent Application: A formal request submitted to the United States Patent and Trademark Office (USPTO) for the grant of a registered patent on an invention. A Patent Application requires a detailed explanation of the invention and at least one claim.
Patent Attorney: An attorney that licensed before the United States Patent and Trademark Office (USPTO).
Patent Cooperation Treaty (PCT): A treaty that allows an applicant to file a single application that is equivalent to a regular national filing when certain requirements have been fulfilled.
Patent Due Diligence Review: Patent Due Diligence Reviews can be valuable to determine the scope of protection for a patent or group of patents to determine whether any gaps in coverage exists. The review can also uncover gaps in the chain of title of ownership. For more information, see our Patent Due Diligence Review page.
Patent Examiner: An official employed by the United States Patent and Trademark Office (USPTO). Patent examiners are responsible for examining patent applications.
Patent Family: A group of related patent applications or granted patents that share a common priority claim, typically called a “parent application”.
Patent Indemnification & Indemnity Agreements: Patent Indemnification & Indemnity Agreements provide indemnification and possibly a right to a defense by one party to another in the event of third-party claims. For more information, see our Patent Indemnification & Indemnity Agreements page.
Patent Indemnification Litigation & Indemnity Disputes: Patent Indemnification & Indemnity Disputes typically involve a conflict regarding whether one party owes indemnification or a right to defend to another party where a third-party claim has arisen For more information, see our Patent Indemnification Litigation & Indemnity Disputes page.
Patent Infringement Defense: Defenses to a patent infringement claim include invalidity, laches, and statute of limitation, and unenforceability. For more information, see our Patent Infringement Defense page.
Patent Infringement: The unauthorized use, manufacture, sale, or importation of a patented invention by a third party without the permission of the patent owner, constituting a violation of the patent holder's exclusive rights.
Patent Litigation: Litigation involving the assertion of patent rights, ownership of a patent, or a declaratory judgment to determine the validity or enforceability of a patent. For more information, see our Patent Litigation page.
Patent Marking: Labeling products with the patent number to inform the public that the product is covered by a patent.
Patent Misuse: An affirmative defense used in a patent infringement lawsuit claiming that the patentee is attempting to extend the scope of the patent to derive an unjust advantage.
Patent Number: A unique identifier assigned to a granted patent by the United States Patent and Trademark Office (USPTO).
Patent Office Action: A document written by a patent examiner setting forth the results of the review of a patent application.
Patent Pending: A status indicating that a patent application has been filed with the United States Patent and Trademark Office (USPTO), but a patent has not been issued yet.
Patent Portfolio Management: Management of two or more patents for potential assertion, development of additional patents, and payment of maintenance fees. For more information, see our Patent Portfolio Management page.
Patent Prosecution Highway: A set of initiatives for providing accelerated patent prosecution procedures through sharing information between some patent offices.
Patent Protection: Patent protection is obtained through filing a patent application with the United States Patent and Trademark Office (USPTO). In most cases, utility patents have a lifespan of 20 years; design patents have a lifespan of 15 years. For more information, see our Patent Protection page.
Patent Reexamination: The process at the United States Patent and Trademark Office where an examiner reexamines an issued patent at the request of the patent owner or a third party. For more information, see our Patent Reexamination page.
Patent Registration Process: The process required to obtain an issued patent from the United States Patent and Trademark Office beginning with an application, prosecution, and an issued patent. For more information, see our Patent Registration Process page.
Patent Term Expiration: The end of the patent protection period after which the patent expires and enters the public domain.
Patent Transactions & Licensing: Patent Transactions & Licensing involve assignments of patent or granting rights of a patent to a third party. For more information, see our Patent Transactions & Licensing page.
Patent Trial and Appeal Board (PTAB): An administrative law body of the USPTO that decides issues of patentability, including appeals from prior rejections by examiners and challenges to the validity of patents.
Patent Troll: A pejorative term used for a person or company that uses patent infringement claims to shake down targets for settlement payments to avoid the expense of costly patent litigation.
Patent: A legal grant issued by the. United States Patent and Trademark Office (USPTO) conferring the exclusive right to make, use, offer for sale, sell, and import the invention covered by the patent.
Patentable Subject Matter: Categories of inventions that qualify for patent protection. Under the U.S. Patent Act, 35 U.S.C. Section 101, patentable subject matter includes processes, machines, articles of manufacture, and compositions of matter.
Patentable: Meeting the legal requirements for patent protection as determined by the United States Patent and Trademark Office (USPTO).
PCT Regulations: The regulations governing the procedures and requirements for filing and prosecuting international patent applications under the Patent Cooperation Treaty (PCT).
PCT: Patent Cooperation Treaty, an international treaty administered by the World Intellectual Property Organization (WIPO) that allows applicants to file a single international patent application to seek protection for an invention in multiple countries.
Petition to Revive an Application (Trademark Matters): A request submitted to the United States Patent and Trademark Office (USPTO) to reinstate or revive an abandoned trademark application or registration due to unintentional delay or failure to respond to office actions.
Phonetic Similarity of Trademarks: One of the likelihood of confusion factors in trademark law, two marks are compared to determine the degree to which they sound alike when spoken.
Phonorecords: Under U.S. copyright law, phonorecords are physical or digital copies of sound recordings, eligible for copyright protection, which includes CDs, vinyl records, tapes, or digital audio files, containing musical works or spoken content.
Pictorial Graphic and Sculptural Works: Under U.S. copyright law, pictorial graphic or sculptural works are creative works of art or design expressed in two-dimensional or three-dimensional form, eligible for copyright protection, which includes paintings, drawings, sculptures, and architectural works, protected by copyright.
Plant Patent: A type of patent granted for a new and distinct variety of plant that is asexually reproduced. See Patent Act, 35 U.S.C. Section 101.
PLT: Patent Law Treaty, an international treaty aimed at harmonizing and simplifying formal procedures for patent application filing and prosecution, administered by the World Intellectual Property Organization (WIPO).
POA: Power of Attorney, a legal document authorizing an individual or entity to act on behalf of another person or organization in legal or administrative matters, such as patent or trademark prosecution.
Post Grant Review (PGR): Reviews conducted by the United States Patent and Trademark Office after the grant of a patent. For more information, see our Post Grant Review (PGR) page.
Preliminary Injunction: A court order made upon a showing of irreparable harm, often at the beginning of a case, that enjoins a party from certain proscribed actions. Occasionally, a preliminary injunction can require a party to commit certain actions.
Presumption of Validity: A legal assumption that a patent is presumed valid unless proven otherwise by clear and convincing evidence.
Prior Art: Publicly available information in any form before a given date that might be relevant to a patent’s claims of novelty and non-obviousness.
Prior Use: Use of a trademark in commerce in connection with specific goods or services. The person who uses a trademark first is called “senior user.”
Privacy Policies: Agreements that govern the rights to obtain, use, and disclose certain information. For more information, see our Privacy Policies page.
Pro Se: Someone representing themself before a legal tribunal. Often, a bad idea.
Professional Negligence: A claim that a professional, such as a lawyer, doctor, wealth advisor, architect, or accountant, failed to fulfill a duty owed to another. For more information, see our Professional Negligence page.
Prosecution History Estoppel: A legal doctrine that prevents a patentee from reclaiming, during litigation, the part of the scope of a patent claim that was surrendered during prosecution in order to obtain allowance of the patent.
Provisional Patent Application: A legal document filed with the United States Patent and Trademark Office (USPTO) that secures a filing date. Provisional applications cannot mature into an enforceable patent, are not examined, and lapse within a year of filing.
Public Domain: Intellectual property rights (patent, trademark, or copyright) that no longer belong to the initial IP rightsholder and now belong to the public, such that anyone can use the IP.
Q “Quasi-Contractual Obligation” to “Quit Claim Deed”
Quasi-Contractual Obligation: An obligation regarded by law as contractual even though the obligation may not appear in contractual language.
Quit Claim Deed: A legal instrument wherein a property owner transfers rights to a purchaser, often “as is” with no representations or warranties.
R “RCE” to “Right to Use Search”
RCE: Request for Continued Examination, a request submitted by an applicant to reopen prosecution of a patent application before the United States Patent and Trademark Office (USPTO).
Reduction to Practice: Reducing the invention from concept to physical form (actual reduction) or by filing a patent application that fully describes how to make and use the invention (constructive reduction).
Reexamination Process: A legal process for a third party or the patentee to have a patent reexamined by the United States Patent and Trademark Office (USPTO) to verify that the subject matter it claims is patentable or to challenge whether one or more claims of the patent are valid.
Registered Patent Attorney: An attorney who is authorized to practice before the United States Patent and Trademark Office (USPTO).
Registration Basis: The legal basis for a trademark registration.
Reissue Patent: A new patent issued to replace a patent with an error.
Rejection (Patent/Trademark): A determination by the United States Patent and Trademark Office (USPTO) examiner that some or all of the claims in a patent application are not eligible for patent protection or that a trademark application is not entitled to registration.
Request For Continued Examination (RCE): A request by a patent applicant for continued examination of a patent application after final rejection.
Restriction Requirement: A demand by a patent examiner to divide a patent application into multiple applications, where an examiner believes that a patent application claims to more than one invention.
Right of Publicity: Also referred to as rights to celebrity or right of likeness, the right of publicity is a common law right in many States to prohibit third parties from profiting from the likeness of another. For more information, see our Right of Publicity page.
Right to Use Search: A trademark search used to determine if a potential trademark can be used without infringing the rights of third parties.
S “Scope” to “Suspension Letter”
Scope: The breadth of subject matter that is covered by a legal claim such as a patent claim.
Senior User: The party who first uses a trademark in commerce relative to others called “junior users”. In many cases, a senior user has priority over junior users.
Serial Number: A unique identifier assigned to each patent or trademark application filed with the United States Patent and Trademark Office (USPTO) or to each registration issued by the USPTO.
Series Code: A code used by the United States Patent and Trademark Office (USPTO) to identify a group of related trademark applications or registrations sharing a common characteristic or relationship.
Service Component: The component of a mark that indicates the type or nature of the services provided under the mark.
Service Mark: Any word, symbol, or any combination used or intended to be used to identify the source of services provided by one party from the source of services provided by others.
SM: Service Mark.
Small Entity: In the context of patent law, refers to an independent inventor, a small business, or a nonprofit organization eligible for reduced patent fees in compliance with rules of the United States Patent and Trademark Office (USPTO).
Social Media Law: Law governing the use of social media. For more information, see our Social Media Law page.
Software Counterfeiting Enforcement: Strategies to identify and stop software counterfeiters, commonly using copyright or patent law. For more information, see our Software Counterfeiting Enforcement page.
Software Development Agreements: Agreements that set forth the rights and obligations where one party hires another party to develop software. Common terms include compensation, no reverse engineering, right to termination, and who owns the rights in the software. For more information, see our Software Development Agreements page.
Software Indemnification & Indemnity Agreements: Agreements that provide an obligation for one party to indemnify and potentially hold harmless and defend the other party against third-party claims. For more information, see our Software Indemnification & Indemnity Agreements page.
Software Licensing: An agreement where the owner of the software provides another certain rights to use the software. For more information, see our Software Licensing page.
Software Patents: Software patents provide patent protection for processes carried out by software or computer code. These patents can be difficult to obtain because the applicant must overcome the 35 U.S.C. Section 101, patentable subject matter requirement. For more information, see our Software Patents page.
Software Related Services: Services including developing software licensing agreements (EULA and development), registering software for copyright and patent protection, and licensing software rights. For more information, see our Software Related Services page.
SOU: Shorthand for “Statement of Use,” a declaration filed with the United States Patent and Trademark Office (USPTO) to demonstrate the use of a trademark in commerce in association with specified goods or services.
Sound Recordings: In copyright law, sound recordings are eligible for copyright protection and include audio recordings of music, spoken words, or other sounds. Like all copyrights, sound recordings must be fixed in a tangible medium of expression.
Specification: The part of a patent application that describes the invention in detail, including its structure, function, and operation, as well as any accompanying drawings or diagrams.
Specimen: Evidence submitted with a trademark application or declaration of use to demonstrate use of the mark in commerce, typically in the form of labels, packaging, advertisements, or other materials, in connection with the claimed goods and services.
Standard Character Drawing (Trademark): A drawing that depicts a trademark in simple, block lettering without any design element, used in trademark registration to provide broad rights in the mark's words, regardless of font or style. The drawing is typically provided in black and white.
Statement of Use: A declaration filed with the United States Patent and Trademark Office (USPTO) to demonstrate the use of a trademark in commerce in association with specified goods or services.
Status Identifiers: Codes assigned to a patent or trademark application by the United States Patent and Trademark Office (USPTO) to indicate its current status in the registration process.
Statute of Limitations: An affirmative defense to legal claims where a claim may no longer asserted if not asserted before the expiration of the statute of limitations (SOL) period. The statute of limitations can sometimes be tolled by the discovery rule or fraudulent concealment by the defendant.
Statutory Bar: A provision in law that prevents a patent from being granted if certain actions, such as public disclosure, have occurred prior to filing. Statutory bars are set forth in the Patent Act, 35 U.S.C. Sections 102 and 103.
Statutory Disclaimer: A disclaimer required by law or statute, typically used to disclaim exclusive rights to certain descriptive or generic elements of a trademark that are not inherently distinctive or protectable in a pending trademark application. A disclaimer can be made to obtain allowance of a pending trademark application.
Stylized Mark: A type of trademark that includes stylized or graphical elements, such as specific fonts, designs, or images, in addition to or instead of plain text. As with all trademarks, stylized marks must act as source identifiers to distinguish the goods or services of one provider from those of others.
Substitute Patent Application: A replacement or alternative patent application filed in lieu of an earlier-filed application, typically used to correct errors, omissions, or deficiencies in the original application or to change the scope or content of the invention being claimed.
Suggestive Trademark: A mark that indirectly suggests a characteristic of the underlying product or service, requiring imagination on the part of the consumer to identify the characteristic. Suggestive trademarks are considered inherently distinctive.
Supplemental Register: A secondary register maintained by the United States Patent and Trademark Office (USPTO) for trademarks that do not meet the requirements for registration on the Principal Register. The Supplemental Register is reserved for trademarks that are capable of distinguishing goods or services and are in use in commerce, but do not meet the requirements to be included in the Principal Register. After five years of use and inclusion in the Supplemental Register, trademark owners can refile for inclusion in the Supplemental Register.
Suspension Letter: A communication from a trademark examining attorney at the United States Patent and Trademark Office (USPTO) to an applicant, informing them of the suspension of examination of a trademark application pending resolution of certain issues or matters affecting the application. Suspension letters are commonly issued when there is a potential likelihood of confusion issue between two pending trademark applications.
T “TARR” to “Typed Mark”
TARR: Abbreviation for “Trademark Applications and Registrations Retrieval,” a database and online search tool provided by the United States Patent and Trademark Office (USPTO) for accessing information about trademark applications and registrations.
TD: Terminal Disclaimer.
TDR: Abbreviation for “Trademark Document Retrieval,” a database and online search tool provided by the United States Patent and Trademark Office (USPTO) for accessing documents related to trademark applications and registrations.
TEAS: Abbreviation for “Trademark Electronic Application System,” the online portal and electronic filing system provided by the United States Patent and Trademark Office (USPTO) for filing trademark applications and related documents.
Technology Center: A division within the United States Patent and Trademark Office (USPTO).
Technology Outsourcing: Technology outsourcing involves agreements between a technology owner and a third party conferring certain rights or obligations. For more information, see our Technology Outsourcing page.
Technology Transactions: Transactions involving rights in technology, such as software licensing agreements. For more information, see our Technology Transactions page.
Term of Art: A term or phrase with a specific meaning within a particular field, industry, or profession, but not necessarily understood by the general public to have the same meaning.
Terminal Disclaimer for Patents: A statement filed by a patent applicant disclaiming part of the term of a patent, typically used to overcome a double-patenting rejection.
Terms of Use Agreements: A form of agreement frequently used between a website operator and website users. For more information, see our Terms of Use Agreements page.
TESS: Trademark Electronic Search System, an online search tool provided by the United States Patent and Trademark Office (USPTO) for searching and examining trademark applications and registrations.
Third-Party Patent Submissions: Submissions made to the United States Patent and Trademark Office (USPTO) regarding a patent. For more information, see our Third-Party Patent Submissions page.
TICRS: Trademark Image Capture and Retrieval System, a database and online search tool provided by the United States Patent and Trademark Office (USPTO) for accessing images of trademark documents.
TIS: Trademark Information System.
TMEP: Trademark Manual of Examining Procedure, a comprehensive guidebook published by the United States Patent and Trademark Office (USPTO) that provides detailed instructions and guidelines for trademark examination and prosecution.
TMOG: Trademark Official Gazette, a publication issued by the United States Patent and Trademark Office (USPTO) that contains information about newly filed or registered trademarks, including marks available for opposition.
TPAC: Trademark Public Advisory Committee, a committee established by the United States Patent and Trademark Office (USPTO) to advise the agency on issues related to trademark policy, operations, and procedures.
Track I Examination: A program that accelerates the patent examination process for an additional fee, aiming for a final disposition within twelve months.
Trade Dress Litigation: Trade dress litigation involves the assertion of trade dress by the plaintiff against a defendant accused of adopting confusingly similar trade dress. For more information, see our Trade Dress Litigation page.
Trade Dress: A specialized form of trademark protecting the look and feel of a product or its packaging. For more information, see our Trade Dress page.
Trade Secret Indemnification & Indemnity Agreements: Agreements providing that one party owe another an obligation of indemnity and possibly a defense against claims made by third parties. For more information, see our Trade Secret Indemnification & Indemnity Agreements page.
Trade Secret Litigation: Litigation where the plaintiff contends the defendant misappropriated its trade secrets. For more information, see our Trade Secret Litigation page.
Trade Secret Protection: Protection of trade secrets involves non-disclosure agreements, confidentiality agreements, password protection, and limiting access to the trade secret on a “need to know” basis. For more information, see our Trade Secret Protection page.
Trade Secret: Information or knowledge that provides a business with a competitive advantage, is not generally known or readily ascertainable by others, and is subject to reasonable efforts to maintain its secrecy, typically protected under state laws or through confidentiality agreements.
Trademark Act: Known as the Lanham Act passed in July, 1956 and set forth as 15 U.S.C. Section 1051 et seq.
Trademark Appeal: A process for challenging a decision of a trademark examiner related to the registration or refusal of a trademark application.
Trademark Application and Registration Retrieval: A database and online search tool provided by the United States Patent and Trademark Office (USPTO) for accessing information about trademark applications and registrations.
Trademark Application Number: A unique number assigned to a trademark application.
Trademark Application: A formal request submitted to the United States Patent and Trademark Office (USPTO) to register a trademark.
Trademark Counterfeiting Enforcement: Strategies used to stop trademark counterfeiting, which include trademark monitoring, cease and desist letters, takedowns, and litigation. For more information, see our Trademark Counterfeiting Enforcement page.
Trademark Electronic Application System: TEAS, the online electronic filing system provided by the United States Patent and Trademark Office (USPTO) for filing trademark applications and related documents.
Trademark Electronic Search System: TEASS, the online search tool provided by the United States Patent and Trademark Office (USPTO) for searching and examining trademark applications and registrations.
Trademark Indemnity & Indemnification Agreements: Agreements in which one party agrees to indemnify and hold harmless another party against third-party claims. For more information, see our Trademark Indemnity & Indemnification Agreements page.
Trademark Infringement Defense: Defending against claims for trademark infringement such as no likelihood of confusion, senior user, laches, and other defenses. For more information, see our Trademark Infringement Defense page.
Trademark Infringement: Unauthorized use of a trademark.
Trademark Licensing: Granting rights to a trademark from the owner (licensor) to a third party called the “licensee.” For more information, see our Trademark Licensing page.
Trademark Litigation: Assertion of a trademark in a lawsuit against an accused infringer. For more information, see our Trademark Litigation page.
Trademark Management: Manage of one or more trademarks to establish and protect a brand. For more information, see our Trademark Management page.
Trademark Manual of Examining Procedure: A comprehensive guidebook published by the United States Patent and Trademark Office (USPTO) that provides detailed instructions and guidelines for trademark examination and prosecution.
Trademark Opposition & Cancellation Proceedings: Proceedings at the United States Patent and Trademark Office (USPTO) to oppose the registration or cancel the registration of a trademark. For more information, see our Trademark Opposition & Cancellation Proceedings page.
Trademark Portfolio Enforcement: Strategies to enforce a portfolio of trademarks to maximize a brand. For more information, see our Trademark Portfolio Enforcement page.
Trademark Protection: Steps taken to obtain and maintain trademark protection. For more information, see our Trademark Protection page.
Trademark Registration & Maintenance: Steps taken to obtain trademark registration with the United States Patent and Trademark Office (USPTO) or state trademark offices and maintenance of those registrations. For more information, see our Trademark Registration & Maintenance page.
Trademark Registration Process: Steps taken to obtain trademark registration with the United States Patent and Trademark Office (USPTO) or state trademark offices. For more information, see our Trademark Registration Process page.
Trademark Registration Symbol: The symbol ®, used to indicate that a trademark has been registered with the United States Patent and Trademark Office (USPTO).
Trademark Renewal: The process of renewing a registered trademark to extend its period of legal protection. In the United States, trademarks must be renewed each 10 years.
Trademark Trial and Appeal Board Litigation (TTAB): Litigation before the TTAB, which involves disputes concerning the registration of trademarks.
Trademark: A word, phrase, symbol, or design, or a combination thereof, acting as an identifier of the source of goods and services distinguishing those from goods and services provided by others.
TRM: Technical Reference Model.
TTAB: Trademark Trial and Appeal Board, an administrative tribunal within the United States Patent and Trademark Office (USPTO) that handles appeals, oppositions, cancellations, and other disputes related to trademarks.
TTY: “Teletypewriter,” a device used for text communication over a telephone line.
Typed Mark: A type of trademark consisting of text or letters, often stylized or formatted in a particular way to create a distinctive visual impression, as opposed to a design or graphical element. Claim can be made to a particular font or style.
U “UDRP Domain Name Proceedings” to “Utility Patent”
UDRP Domain Name Proceedings: UDRP proceedings involve a registration of a domain name and a trademark owner, who believes it has superior trademark rights and that the domain name registrant acted in bad faith. These proceedings can be handled through arbitration or in federal court under the ACPA or Anticybersquatting Consumer Protection Act. For more information, see our UDRP Domain Name Proceedings page.
UDRP: Uniform Domain-Name Dispute-Resolution Policy, a policy established by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve disputes related to domain names through arbitration. See Domain Name Proceedings.
Unfair Competition Litigation: Unfair competition is a basket of legally recognized rights to certain behavior deemed anti-competitive, including trademark infringement, trademark counterfeiting and passing off, and corporate espionage. For more information, see our Unfair Competition Litigation page.
United States Work: A work of authorship or intellectual creation that is created or first published in the United States, typically subject to copyright protection under U.S. copyright law.
UPR: Utility, plant, and reissue.
USC: United States Code, the official compilation of federal statutory law of the United States, organized by subject matter into titles and sections.
Use in Commerce (Trademark): A legal requirement for trademark registration in the United States, referring to the use of a trademark in connection with specific goods or services in commerce.
Use-Based Application: A trademark application based on actual use of the mark in commerce, as opposed to an intent-to-use application, which is based on a bona fide intent to use the mark in commerce in the future.
Useful (Patent): A requirement that a patented invention must have a specific, substantial, and credible utility.
Useful Article: In copyright law, an object or item that has both utilitarian function and expressive or artistic elements, typically eligible for copyright protection only to the extent of its artistic or creative features. Functional elements of the work are typically not protectable by copyright law.
USPS: Abbreviation for “United States Postal Service.”
USPTO: United States Patent and Trademark Office
Utility Patent Application: A formal request submitted to a patent office for the grant of a utility patent, providing a description of the invention, a summary, frequently drawings, and a set of claims.
Utility Patent: A type of patent granted for inventions or discoveries that have a useful and practical application, typically covering processes, machines, manufactures, or compositions of matter.
V “Venture Capital & Private Equity” to “Visual Artist
Rights Act”
Venture Capital & Private Equity: Venture Capital (VC) and Private Equity (PE) are two commonly used strategies for companies to raise capital. For more information, see our Venture Capital & Private Equity page.
Virtual General Counsel: A Virtual General Counsel is commonly an experienced lawyer acting as a “fractional” General Counsel for an individual or company. Virtual General Counsels are typically employed by companies such as start ups with legal needs, but haven’t grown to the point where a General Counsel can be retained. For more information, see our Virtual General Counsel page.
Visual Artist Rights Act: A U.S. law that grants artists certain rights to their works of visual art, regardless of the ownership of the physical object.
W “WCT” to “WTO”
WCT: WIPO Copyright Treaty, an international treaty administered by the World Intellectual Property Organization (WIPO) that sets minimum standards for copyright protection in the digital environment.
Website Agreements: Website agreements such as privacy policies, terms of use, and copyright policies govern the relationship between an operator of a website and visitors/users of the site. For more information, see our Website Agreements page.
Willful Infringement: Infringing on a copyright, patent, trademark, or other form of intellectual property with the knowledge of the other party’s rights in the IP. Willful infringement can lead to enhanced damages, exemplary damages, and the recovery of attorney’s fees.
WIPO Copyright Treaty: An international treaty administered by the World Intellectual Property Organization (WIPO) that sets minimum standards for copyright protection in the digital environment.
WIPO Performances and Phonograms Treaty: An international treaty administered by the World Intellectual Property Organization (WIPO) that establishes minimum standards for the protection of performances and phonograms.
WIPO: World Intellectual Property Organization, a specialized agency of the United Nations responsible for promoting the protection of intellectual property rights worldwide.
Withdrawn Claim: A claim that has been voluntarily removed or retracted from a patent application by the applicant or inventor.
Withdrawn Patent: A patent that has been voluntarily withdrawn or abandoned by the patent holder, resulting in the cessation of its legal protection and rights.
Word Mark: A type of trademark consisting of one or more words or letters used as a source identifier for goods or services. A claim can be made to the style and font of the word mark, although most applicants apply for no particular style or font for the broadest protection.
Work Made for Hire: A type of work created by an employee within the scope of their employment duties or commissioned under certain contractual agreements, where the employer or commissioning party is considered the legal author and copyright owner. Work Made for Hire is a commonly misunderstood doctrine of copyright law, particularly with respect to software and code development.
Work of the United States Government: A work created by an officer or employee of the United States government as part of their official duties, typically not subject to copyright protection and available for public use and dissemination.
Work of Visual Art (VA): For copyrights, a category of creative works, including paintings, sculptures, drawings, and photographs, typically distinguished by their aesthetic and artistic qualities.
World Intellectual Property Organization (WIPO): A UN agency responsible for protecting intellectual property (IP) worldwide.
WTO Agreement: An agreement or treaty negotiated and ratified by member countries of the World Trade Organization (WTO) to establish rules and regulations governing international trade and commerce.
WTO Member Country: A member of the WTO.
WTO: World Trade Organization, an international organization that regulates international trade and commerce, facilitates trade negotiations, and resolves disputes between member countries.
X “X Patent” to “Xerox”
“X” Patent: A term referring to a patent whose number includes the letter “X,” which may be used as a temporary designation before an official patent number is assigned.
Xerox: To copy a document using a photocopier. See Genericide for trademarks.
Y “Yearly Review” to “Your Honor”
Yearly Review: Owners of intellectual property (IP) should do, at minimum, a yearly review of their IP portfolio to determine what they are using, what you are not using, if they need additional IP, if their business has expanded into additional trademark classes/categories, and if they need additional protections are needed.
Your Honor: “Your Honor” in many jurisdictions is the proper way to address a judge.
Z “Zero Damages” to “Zombie Copyright”
Zero Damages: Zeroed out on damages, but could potentially obtain equitable relief such as an injunction. Zero damages could also result in the inability to recover attorney’s fees and punitive damages.
Zombie Copyright: A copyright that is restored or that has been resurrected after it expired and the work placed in the public domain. Copyright restoration is allowed in certain circumstances under Section 104A of the U.S. Copyright Act, 17 U.S.C.