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Comprehensive Patent Terminology – List of Patent Terms II

This page contains Patent terminology for letters D through H, Click these links for:

Patent terminology for letters A through C

Patent terminology for letters I through O

Patent terminology for letters P through Z

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 Defensive patenting

This refers to the act performed by some companies in obtaining patents with the main objective of staking their claim on a portion of “turf” in their industry to avoid litigation from others. Generally, it is done to show that the company is performing diligently in the area and hence will be less likely to be sued by other parties because such lawsuits will be less likely to be won.

Defensive patent publication

This kind of publication or dissemination of information is intended to prevent a competitor from being granted patents with regards to specific inventions which the publishing party is intending to protect. Generally, this is done by placing the information in the public domain in such a way that the patent that might be intended by a competitor would no longer be valid or available to obtain due to the fact that the information is not secret and is generally known due to being in the public domain.

Defensive Patent termination

This refers to a type of cross license whereby licensor may terminate a license of a patent in cases where licensee has turned around and sued the licensor.

Patent Design around

Some companies develop alternative inventions, processes, or apparatuses that perform the same function as the original patented invention, process, or apparatus. This is done in such a manner so as to hope not to infringe on the originally issued patent. Also known as a Patent Workaround.

Patent Disclaimer

In a patent claim, this refers to language which identifies patent subject-matter which isn’t claimed or with language that places a specific limit or clause upon the claim which would bring negative features into the patent.

Divisional patent application

This kind of patent application holds subject matter from one or more patent applications that have been filed in the past. The term divisional application for paten may also be considered generally as a “divisional application”.

Patent Doctrine of equivalents

This legal doctrine provides means whereby courts may hold a party legally liable with respect to patent infringement even in cases where the infringement does not fall directly in the literal scope of the patent. It is a protection against infringement via nontraditional means.

Double patenting

A single patent may be supplemented with two patents which are generally owned by the same patent holder.

Patent Embodiment

In an application for patent or in the patent language of a patent which has already been secured, a specific and distinct set of features and/or a distinct or specific method or mode for performing the functions of the invention may be considered by the law to be the same thing as the literal embodiment of the actual patent language and function.

Essential patent

A type of patent which may be required in the production of products which are deemed essential. This refers essentially to something that could be determined to be necessary for national security, national wellbeing, etc. If a person or company owned the rights to creating salt, and only through this company’s patent could salt be manufactured, the company would be in possession of an essential patent.

Patent Exhaustion of rights

This legal doctrine states that if a person sells a patent, their rights under the law were sold with the patent.

Patent Examination support document

US P and Trademark Office patent statutes provide for the examination support document to be submitted on behalf of a patent applicant or their designated agent which lists such information as prior art. The PES also identifies the manner in which prior art will be applied to patent claims with regards to a pending patent application.

Field-of-use Patent limitation

This part of patent licenses places limits to the scope under which the patent owner is allowed to manufacture according to their licensee. Hence, the licensor may place clauses or limitations to the scope under which the licensee may use the patent license.

Patent Filing date

The patent filing date for a patent application refers very specifically to the date in time at which the patent application achieved filing status at a USPT office or offices. This does not refer to the date at which the application was mailed, nor does it refer to the date at which the patent application arrived at the location according to shipping records or anything of the links. Instead, it refers to the point in time that the USPTO legally noted as received and accepted on official USPTO documents. Although this is generally the date at which the application arrived at the USPTO, if there are problems with the product, this date may not apply. This has implications with priority patent rights as well.

Patent First to file

This legal doctrine refers to the right that is maintained as the original or first person to patent an idea, invention, process, etc.

Patent First to invent

This legal concept refers to the right which a patent holder of an invention holds as a result of having been determined to be the person first making or creating that invention. This is related, but not the same as first to file a patent.

Patent Flash of genius

This is an outdated and out of use test regarding patentability which was used in the past by US Federal courts.

Patent Freedom-to-operate

This type of search known as freedom-to-operate is aimed toward establishing if a process  or a product, or a method might be covered by another individual or company’s legal patent rights. This includes patents themselves as well as pending patent applications. In cases where this is shown to be the case, (i.e. operating the particular process, creating said product) will potentially lead to an actual patent infringement. This kind of search is performed in order to determine the risk level of continuing to operate at a potential of being in a position of patent infringement.

Patent Further medical use

This is essentially another way of saying second medical use. See Second Medical use patent.

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