Patent Glossary D

The patent glossary D is for the letter D. What, for instance, is a divisional patent, or a design patent?

declaration

An inventor or group of inventors are required to sign and submit an oath or a declaration as part of the patent application. The declaration or oath should state that the inventor believes that he is an inventor, that he is familiar with the contents of the patent application and that if he is aware of any information that will affect the patentability of claimed invention, that he will inform the patent office of that information.

Reference - Business of Patents

Reference - MPEP 602

demand

Form PCT/IPEA/401, filed with an International Preliminary Examining Authority, demanding that an international application shall be the subject of an international preliminary examination.

dependent claim

This is a claim that makes express reference to and depends on a prior claim and, thereby, incorporates by reference all of the recitals of the prior claim. This claim must be read as if it contained its own express recitals plus the recitals of every claim or claims from which it depends. Claims that do not depend from another are referred to as independent claims..

design patent

This type of patent covers the original and ornamental aspects of a product. The prime focus is on the overall ornamental appearance.Reference - The Business of Patents - Design Patent MPEP #

divisional application

A divisional application is a separate patent application carved out of a prior pending application and discloses and claims only subject matter originally claimed in the prior application. The divisional application is entitled to a priority or filing date based upon the application from which it has been divided.

doctrine of claim differentiation

This is a judicially created rule of construction that states that when two claims in the same patent have an apparently similar or identical meaning, an effort should be made to adopt an interpretation that will give them a different (as distinguished from identical) meaning.doctrine of equivalentsOne literally infringes a claim where every element of the claim is expressly satisfied by a device, process, or composition of matter. Under the judicially created doctrine of equivalents, one may be held liable as an infringer even if one does not literally infringe a patent. In general, it is an equitable concept employed to prevent someone from getting the benefit of the invention by making a minor change that avoids literal infringement. See also the related concept of file wrapper estoppel.

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