Patent Terms Glossary

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.

Notice of Abandonment

Definition:
A written notification from the USPTO that an application has been declared abandoned or, in other words, is no longer pending. If the application was abandoned unintentionally or due to Office error.

Notice Of Publication

Definition:
A written statement from the USPTO notifying an applicant that its mark will be published in the Official Gazette. If the examining attorney assigned to an application raises no objections to registration.

Chapter II

Definition:
The second, optional phase under the Patent Cooperation Treaty that includes examination of the international application and issuance of an International Preliminary Examination Report.

Allegation Of Use

Definition:
A sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce.

Utility Patent

Definition:
May be granted to anyone who invents or discovers any new, useful, and nonobvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

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