Patent Terms Glossary

Defensive publication

Definition:
A publication and disclosure to the public of a pending patent application.

Provisional Patent Application

Definition:
A provisional application for patent is a U. S. national application for patent filed in the USPTO under 35 U.S.C. § 111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.

Informal Application

Definition:
An application that has been filed without one or more of the elements required to receive a filing date. The USPTO will return informal applications to applicants.

Applicant

Definition:
An application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications.

Domestic Representative

Definition:
A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States.

First to file

Definition:
The applicant who is the first to file an application for an invention will be awarded the patent over all others.

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