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Patent Caveat
A patent caveat, often shortened to caveat, was a legal document filed with the United States Patent Office. History Caveats were instituted by the U.S. Patent Act of 1836, but were discontinued in 1909, with the U.S. Congress abolishing the system formally in 1910. A caveat was similar to a patent application with a description of an invention and drawings, but without examination for patentable subject matter and without a requirement for patent claims. A patent caveat was an official notice of intention to file a patent application at a later date. A caveat expired after one year, but could be renewed by paying an annual fee of $10. Caveats were similar to provisional applications used today in the United States Patent and Trademark Office (USPTO) which also expire after one year. However, provisional applications today are non-renewable under any circumstances. According to the ''Guide to the Practice of the Patent Office'' 1853,Evenson, A.E. ''The Telephone Patent C ...
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Legal Document
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in municipal (domestic) or international law. Many legal instruments were written ''under seal'' by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect. Electronic legal documents With the onset of the Internet and electron ...
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Interference Proceedings
An interference proceeding, also known as a priority contest, is an inter partes proceeding to determine the priority issues of multiple patent applications. It is a proceeding unique to the patent law of the United States. Unlike in most other countries, which have long had a first-to-file system, until the enactment of the Leahy-Smith America Invents Act (AIA) in 2011, the United States operated under a first-to-invent. The interference proceeding determines which of several patent applications had been made by the first inventor. The AIA switched the US to a first-to-file regime effective March 16, 2013, and interferences apply only to patent applications with an effective filing date prior to that change. Definition An interference proceeding is an administrative proceeding conducted by a panel of administrative patent judges ( administrative law judges sitting on the Board of Patent Appeals and Interferences) of the United States Patent and Trademark Office (USPTO) ...
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United States Defensive Publication
A United States Defensive Publication is a published patent application for which the inventor has elected not to get patent coverage. Defensive Publications were made between April 1968 and May 8, 1985. The program, called Defensive Publication Program, was replaced by the statutory invention registration program, which itself was discontinued after the Leahy-Smith America Invents Act (AIA) entered into force in 2013. US Defensive Publications can be searched in the United States Patent and Trademark Office's (USPTO) patent search web page. They are designated by a "T" in the publication number, the letter "T" referring to "Technical disclosure". Defensive publications may be cited as prior art against patent applications, but only as of their publication dates. This is in contrast to statutory invention registrations, which are prior art as of their filing dates in the same manner as U.S. patents. However, a defensive publication may be the subject of an interference proc ...
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Patent Office 1877 Fire
The Patent Office fire of 1877 was the second of two major fires of the U.S. Patent Office. It occurred in the 1864 Patent Office Building of Washington, D.C., on September 24, 1877. The building was constructed to be fireproof, but many of its contents were not. About 80,000 models and 600,000 copy drawings were burned to some degree. No patents were completely lost, however (unlike the situation with the first Patent Office fire), and the Patent Office was soon reopened for recordings. History On July 4, 1836, the Patent Office became its own organization within the Department of State under the Patent Act of 1836. Henry Leavitt Ellsworth became its first commissioner. He started construction of a new fire-proof building, after the previous building had burned down in a disastrous fire. Architect Robert Mills was given instructions by Congress to design the building using fireproof construction material. Mills used masonry vaulted ceilings that spanned the interi ...
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Patent Office 1836 Fire
The 1836 U.S. Patent Office fire was the first of two major fires the U.S. Patent Office has had in its history. It occurred in Blodget's Hotel building, Washington on December 15, 1836. An initial investigation considered the possibility of arson due to suspected corruption in the Post Office, which shared the same building, but it was later ruled out. The cause was ultimately determined to be accidental. The fire is considered to be a unique point in the historical events of the Patent Office that caused policy changes. Local fire suppression efforts were incapable of preventing the damage due to lack of fire personnel and proper equipment. Many patent documents and models from the preceding three decades were irretrievably lost. As a result of the fire, Congress and the newly legally revamped Patent Office changed the way it handled its record keeping, assigning numbers to patents and requiring multiple copies of supporting documentation. History In 1810, Congress authori ...
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Patent Model
A patent model was a handmade miniature model no larger than 12" by 12" by 12" (approximately 30 cm by 30 cm by 30 cm) that showed how an invention works. It was one of the most interesting early features of the United States patent system.Byers, KimPatent Models: Icons of Innovation USPTO, February 11, 2002. Retrieved September 11, 2010. Since some early inventors had little technological or legal training, it was difficult for them to submit formal patent applications which require the novel features of an invention to be described in a written application and a number of diagrams. History In the US, patent models were required from 1790 to 1880.Riordan, TeresaPatent Models' Strange Odyssey New York Times, February 18, 2002. The United States Congress abolished the legal requirement for them in 1870, but the U.S. Patent Office (USPTO) kept the requirement until 1880.
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Telephone
A telephone is a telecommunications device that permits two or more users to conduct a conversation when they are too far apart to be easily heard directly. A telephone converts sound, typically and most efficiently the human voice, into electronic signals that are transmitted via cables and other communication channels to another telephone which reproduces the sound to the receiving user. The term is derived from el, τῆλε (''tēle'', ''far'') and φωνή (''phōnē'', ''voice''), together meaning ''distant voice''. A common short form of the term is ''phone'', which came into use early in the telephone's history. In 1876, Alexander Graham Bell was the first to be granted a United States patent for a device that produced clearly intelligible replication of the human voice at a second device. This instrument was further developed by many others, and became rapidly indispensable in business, government, and in households. The essential elements of a telephone are ...
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Alexander Graham Bell
Alexander Graham Bell (, born Alexander Bell; March 3, 1847 – August 2, 1922) was a Scottish-born inventor, scientist and engineer who is credited with patenting the first practical telephone. He also co-founded the American Telephone and Telegraph Company (AT&T) in 1885. Bell's father, grandfather, and brother had all been associated with work on elocution and speech, and both his mother and wife were deaf; profoundly influencing Bell's life's work. His research on hearing and speech further led him to experiment with hearing devices which eventually culminated in Bell being awarded the first U.S. patent for the telephone, on March 7, 1876. Bell considered his invention an intrusion on his real work as a scientist and refused to have a telephone in his study. Many other inventions marked Bell's later life, including groundbreaking work in optical telecommunications, hydrofoils, and aeronautics. Bell also had a strong influence on the National Geographic Society and it ...
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Elisha Gray
Elisha Gray (August 2, 1835 – January 21, 1901) was an American electrical engineer who co-founded the Western Electric Manufacturing Company. Gray is best known for his development of a telephone prototype in 1876 in Highland Park, Illinois. Some recent authors have argued that Gray should be considered the true inventor of the telephone because Alexander Graham Bell allegedly stole the idea of the liquid transmitter from him. Although Gray had been using liquid transmitters in his telephone experiments for more than two years previously, Bell's telephone patent was upheld in numerous court decisions. Gray is also considered to be the father of the modern music synthesizer, and was granted over 70 patents for his inventions. He was one of the founders of Graybar, purchasing a controlling interest in the company shortly after its inception. Biography and early inventions Gray was born in Barnesville, Ohio, the son of Christiana (Edgerton) and David Gray. His family w ...
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First To Invent
First to file (FTF) and first to invent (FTI) are legal concepts that define who has the right to the grant of a patent for an invention. The first-to-file system is used in all countries. There is an important difference between the strict nature of the FTF under the European Patent Office (EPO) and the FITF (First inventor to file) system of the United States Patent and Trademark Office (USPTO). The USPTO FITF system affords early disclosers some "grace" time before they need to file a patent, whereas the EPO does not recognise any grace period, so early disclosure under the FITF provisions is an absolute bar to later EPO patent. First to file In a first-to-file system, the right to the grant of a patent for a given invention lies with the first person to file a patent application for protection of that invention, regardless of the date of actual invention. First to disclose The concept of a grace period, under which early disclosure does not prevent the discloser fro ...
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Provisional Application
Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. There is no such thing as a "provisional patent". A provisional application includes a specification, i.e. a description, and drawing(s) of an invention (drawings are required where necessary for the understanding of the subject matter sought to be patented), but does not require formal patent claims, inventors' oaths or declarations, or any information disclosure statement (IDS). Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower ($75 - $300 as of May 5, 2021) than the fee required to file a standard non-provisional patent app ...
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United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the func ...
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