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Divisional

Definition

A patent application split off from a parent application because the USPTO determined the parent contained claimsclaimsThe numbered statements at the end of a patent that legally define what the inventor owns.Read more → to more than one distinct invention. When an examinerexaminerThe USPTO official who reviews a patent application and decides whether to grant it.Read more → issues a "restriction requirement," the applicant must elect one group of claims to pursue in the parent; the rest can be filed as a divisionaldivisionalA patent application split off from a parent to claim a distinct invention disclosed but not claimed in the parent.Read more →. Divisionals get the parent's original filing datefiling dateThe day the patent application was submitted to the USPTO. Sets the priority date for prior-art comparisons.Read more →.

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Examiner

A USPTO employee trained in a specific technical field who reviews patent applications for compliance with patent law. Examiners search prior art, write office actions rejecting or allowing claims, and conduct interviews with applicants or their attorneys. The examiner assigned to your application has significant discretion in how they interpret your claims and apply prior art.

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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.

Declaratory judgment

A lawsuit in which a company that fears being sued for infringement asks a court to rule first — typically that it does not infringe, or that the patent is invalid. It lets an accused party control the timing and forum instead of waiting to be sued.

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.

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