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Patent Glossary O

Patent Glossary O. What is obviousness, the one-year grace period, on sale bar, opposition, opinion?


Oath
A sworn statement. In the U.S., declaration may be used instead of an oath to verify that information being submitted to the USPTO is true. See Declaration. MPEP 602, MPEP 715, MPEP 716.

Object of the Invention
A desired characteristic of an invention. MPEP 608.01(d).

Obviousness
A characteristic that makes an invention predicable to a person having ordinary skill in the art who has knowledge of all of the prior art. No "inventive step" was involved in conceiving the invention. One of the most difficult terms in patent law to define and understand. MPEP 2141, MPEP 2141.01, MPEP 2141.02, MPEP 2141.03, MPEP 2142.

Offer to Sell
An activity that can bar obtaining a patent in some jurisdictions if the activity occurs a sufficient period of time before a patent application on the invention is filed. MPEP 2133.03(b), MPEP 706.02(c).

Office Action
See Action.

Official Action
See Action.

Official Gazette
A publication of the USPTO in which new patents and trademarks are announced. Published weekly in two editions, one for patents and one for trademarks.

O.G.
See Official Gazette.

Old Application
An application that, having been acted on by an Examiner, has, in turn, been acted on by the applicant. MPEP 203.03.

One-Year Grace Period
The one-year period that starts on the date that an invention is used publicly, offered for sale, patented or published anywhere in the world during which period a U.S. patent application must be filed to avoid a bar. MPEP 2133.

On Sale
See Offer to Sell.
Open for Public Inspection
The date upon which a patent application is first made available to the public.

Opinion, Patentability
An opinion offered by a patent agent or a patent attorney as to whether a claimed invention is likely to be deemed patentable by a patent office in view of the prior art made available to him/her.

Opinion, Validity
An opinion offered by a patent agent or a patent attorney as to whether the claims of an issued patent would likely be upheld by a court in view of the facts made available to him/her.

Opposition
A procedure available in most countries (but not the U.S.) whereby a third party may request that a patent not issue or that an issued patent be invalidated.

Original Application
A patent application that is not a reissue application. MPEP 201.04(b).

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