Patent Terms Glossary

First to invent

Definition:
In some countries, the applicant who is the first to invent will be awarded the patent over all others.

Patent and Trademark Depository Library

Definition:
A library designated by the USPTO to receive copies of patents, CD-ROMs containing registered and pending marks, and patent and trademark materials that are made available to the public for free.

Blackout Period

Definition:
The period between the date the examining attorney approves the mark for publication and the date of issuance of the Notice of Allowance.

Provisional Patent Application

Definition:
A provisional application for patent is a U. S. national application for patent filed in the USPTO under 35 U.S.C. § 111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.

Final Office Action (rejection)

Definition:
An Office action on the second or any subsequent examination or consideration by an examiner that is intended to close the prosecution of a nonprovisional patent application.

Substitute Patent Application

Definition:
An application which is in essence a duplicate of a prior (earlier filed) application by the same applicant abandoned before the filing of the substitute (later filed) application.

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