Terminal disclaimer

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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.

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Claim

The numbered sentences at the end of a patent that define exactly what is legally protected. Claims are the only part of a patent that determine infringement — if a product or process doesn't fall within the scope of at least one claim, there is no infringement. Every other part of a patent (abstract, drawings, specification) exists to support and illuminate the claims.

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Obviousness

A grounds for rejection under 35 USC § 103 when an invention, while not identical to any single prior art reference, would have been obvious to a person having ordinary skill in the art at the time of invention. Examiners frequently combine two or more prior art references to make an obviousness rejection. It is the single most common rejection in patent prosecution.

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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.

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Patent term

The length of time a patent stays in force. A U.S. utility patent's term runs 20 years from its earliest non-provisional filing date, provided maintenance fees are paid; a design patent lasts 15 years from grant. Patent Term Adjustment can add back days lost to USPTO delays, and a terminal disclaimer can shorten the term. When the term ends, the invention enters the public domain.

Trade secret

Confidential business information that provides a competitive advantage and is subject to reasonable efforts to keep it secret. Unlike patents, trade secrets have no registration requirement and can last indefinitely — but only as long as the secret is maintained. The formula for Coca-Cola and the Google search algorithm are famous examples. Trade secrets and patents are often compared: patents give stronger rights but require disclosure; trade secrets keep information hidden but can be lost if independently discovered.