Patent Terms Glossary

Mere Descriptiveness

Definition:
Statutory basis (Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), TMEP 1209 et seq) for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature,

Non-final Office Action (rejection)

Definition:
An Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing the application for the first time.

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.

Agent (patent)

Definition:
One who is not an attorney but is authorized to act for or in place of the applicant(s) before the Office, that is, an individual who is registered to practice before the Office.

Plant Patent

Definition:
May be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Citation Counts

Definition:
Citation counts are a formal acknowledgement of intellectual debt to earlier patents and previously published scientific research papers.

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