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