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.
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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.
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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.
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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.
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Conflicting Marks: Trademarks that are similar enough to potentially cause confusion among consumers, given the likelihood of confusion factors.
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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.
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Concurrent Use Application: An application filed for a trademark that is already in use by another party, usually in a different geographical area.
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Concurrent Use Agreement: An agreement resolving the conflict between two parties using the same or similar trademark in different geographic areas.
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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.
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Concept: An idea or design.
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Computer Program: A set of instructions executed by a computer to perform a specific task.
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Comprising: A term in patent claims that is inclusive, indicating that the list of elements can include additional, unrecited elements.
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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.
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Composed Of: A term used in patent claims to specify that the invention includes all the listed elements or steps.
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Complaint: In federal court, a complaint is typically the initial document in a lawsuit setting forth the claims and relief sought by the plaintiff.
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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.
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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.
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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.
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Common Inventor: An inventor who is named in more than one patent application, showing a linkage between the applications.
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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.
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