Declaratory judgment

Cross-referenced

Infringement

The unauthorized making, using, selling, or importing of a product or process that falls within the scope of a valid patent's claims. Infringement is determined by comparing each element of a patent claim to the accused product or process. If every element is present — literally or under the doctrine of equivalents — infringement exists.

Cross-referenced

Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Double patenting

A rejection that stops an inventor from getting two patents for the same invention, or for an obvious variation of it. The common obviousness-type double patenting is usually overcome with a terminal disclaimer that ties the two patents' expiration dates together.

Dependent claim

A claim that refers back to and further limits another claim. For example: "The device of claim 1, wherein the housing is made of aluminum." If the claim it depends on is invalid, the dependent claim also falls. Dependent claims provide narrower protection but serve as fallbacks — if broader independent claims are invalidated, narrower dependent claims may survive.

Design patent

A patent covering the ornamental appearance of a functional object — its shape, configuration, or visual design — not how it works. Design patents last 15 years from grant. They are faster and less expensive to obtain than utility patents. Apple's US D618,677 patent on the iPhone's rounded-rectangle shape is a famous example; it was central to over $1 billion in damages against Samsung.

Divisional

A patent application split off from a parent application because the USPTO determined the parent contained claims to more than one distinct invention. When an examiner issues a "restriction requirement," the applicant must elect one group of claims to pursue in the parent; the rest can be filed as a divisional. Divisionals get the parent's original filing date.