Ensnarement Defense (patents)
A defense against the Doctrine of Equivalents wherein the asserted scope of the equivalency would encompass, or ensnare, the prior art.
Estoppel
A legal term meaning that a second argument is barred if it is inconsistent with a first argument. In a patent context, it bars an inventor from admitting something to the Patent and Trademark Office and later contradicting that admission, whether before the PTO or before a court. See Prosecution History Estoppel.
Examiner
Examiners are employees of the U.S. Patent & Trademark Office who conduct prior art searches and determine whether the patent application complies with the substantive and procedure requirements for the grant of the patent.
Examiner's Action
A written correspondence from the examiner in charge of a patent application. If the examiner's action includes a refusal to allow all of the claims of a patent application, the reason for the refusal is stated in writing and copies of earlier patents, if applicable, are provided. Typically, an examiner's action must be answered within three months of its mailing date.
Expiration of Patent
Termination of the enforceability period of a patent at the end of the patent term or for failure to pay a maintenance fee. Patent terms prior to 1995 were 17 years from the date that the patent application was issued. However, current law measures the term of a patent 20 years from the date that the patent application is filed. Design patents last 14 years. .. |
Posted in: Glossary
