Patent Terms Glossary

Examining Attorney

Definition:
A USPTO employee who examines (reviews and determines compliance with the legal and regulatory requirements of) an application for registration of a federally registered trademark

Divisional Application

Definition:
A later application for an independent or distinct invention disclosing and claiming (only a portion of and) only subject matter disclosed in the earlier or parent application.

Certificate Of Mailing

Definition:
A certificate for each piece of correspondence mailed, prior to the expiration of the set period of time for response, stating the date of deposit with the U.S. Postal Service.

Precautionary Designation

Definition:
Designation of a Contracting State in an international application filed under the Patent Cooperation Treaty which must be confirmed prior to 15 months from the priority date.

Common Law Rights

Definition:
Property or other legal rights that do not absolutely require formal registration in order to enforce them. Proving such rights for a trademark in court can be very difficult.

Counterpart

Definition:
An application filed in a foreign patent office that is substantially similar to (like) the patent application filed with the USPTO and is based upon some or all of the same invention.

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