Resources

Patent Glossary

Plain-English definitions of common patent terms.

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A
Abandonment
When a patent application is withdrawn or allowed to lapse, either intentionally or by missing a deadline, permanently forfeiting that filing date and priority (with some exceptions, in cases in which abandonment was unintentional).
Assignee
The legal owner of a patent (which for startups should generally be the company, not the individual founders or contractors who invented the technology).
Assignment agreement
A contract that transfers IP ownership from an inventor (or contractor) to the company. It's one of the most commonly missing documents found during startup due diligence.
B
Broadening reissue
A post-grant procedure to broaden patent claims that were filed too narrowly. Only available within two years of grant, and rarely used but valuable when the original filing missed scope.
C
Claims
The numbered sentences at the end of a patent application or granted patent that define the legal boundaries of your invention. It's the only part that determines what you own, what competitors can't do, and what investors actually evaluate during due diligence.
Continuation
A new patent application filed while a parent application is still pending, claiming the same priority date but pursuing different or broader claims. A key tool for building a patent portfolio around a core invention.
Continuation-in-part (CIP)
A patent application that includes both the original disclosure and new subject matter. Occasionally useful for startups that have iterated significantly on their core technology after the initial filing.
Copyright
Legal protection for original creative works, including code, that prevents copying but does not protect the underlying ideas, methods, or functionality.
D
Dependent claim
A patent claim that builds on and narrows an independent claim. Acts as a fallback if the broader claim is rejected, and as a layered defense against competitors trying to design around your patent.
Design patent
A patent that protects the ornamental appearance of a product rather than its function.
Divisional application
A child application filed when the USPTO determines an original application covers more than one distinct invention, splitting them into separate patents each with the same priority date.
E
Embodiment
A specific version or implementation of an invention described in a patent application. Founders should include multiple embodiments to capture both current and future versions of their technology.
Enablement
The legal requirement that a patent application must describe the invention in enough detail that someone skilled in the field could make and use it.
Examiner
The USPTO employee who reviews your patent application, searches for prior art, and issues office actions.
F
Filing date
The date a patent application is received by the USPTO, which in the US first-to-file system determines priority over any competing applications covering the same invention. The filing date can be different from the priority date of an application, if an application "claims priority" to a prior filed application.
First-to-file system
The rule that patent rights go to whoever files first, not whoever invented first. The 2013 US switch to this system is why founders should file before pitching, not after.
Freedom to operate (FTO)
An analysis of whether a product or process can be commercialized without infringing existing patents.
I
Independent claim
A patent claim that stands alone and defines the broadest scope of protection. It's typically the most commercially relevant part of any patent.
Infringement
Making, using, selling, or importing a product or process that falls within the claims of a granted patent without authorization. Enforceable only after grant, not during the patent pending period.
Intellectual property (IP)
The umbrella term for legally protected creations of the mind (including patents, trademarks, copyrights, and trade secrets), collectively representing the majority of a startup's intangible asset value.
Inter partes review (IPR)
A post-grant USPTO proceeding where a third party can challenge the validity of an issued patent. The mechanism most commonly used by large companies to challenge startup patents.
Inventor
The person(s) who conceived the claimed invention. A legal designation that must be accurate on the patent application, and does not automatically mean the same person as the company owner or patent assignee.
L
Licensing
A legal agreement that grants another party permission to use a patented invention in exchange for royalties or fees, turning patents into a revenue stream without requiring the patent holder to manufacture anything.
N
Non-disclosure agreement (NDA)
A contract that prevents the recipient of confidential information from disclosing it publicly; the only way to pitch your invention before filing without triggering the public disclosure clock.
Non-obviousness
One of three core patentability requirements, whereby the invention must not be an obvious combination of existing ideas to someone skilled in the field. The most common reason patent applications are rejected.
Non-practicing entity (NPE)
A company that owns patents but does not manufacture products, colloquially called "patent trolls" when they use patents primarily to extract licensing fees through litigation threats.
Non-provisional patent application
The full formal patent application examined by the USPTO, which must be filed within 12 months of a provisional patent application to claim that priority date, and is what ultimately becomes a granted patent.
Novelty
The requirement that an invention must be new, not already described in any prior art anywhere in the world, to be patentable, regardless of whether the prior disclosure was intentional or contained in an existing patent or patent application.
O
Office action
Any written communication from a USPTO examiner, but frequently used to describe a rejection or objection to at least one claim in your patent application. Receiving a rejection is normal (over 85% of applications get at least one) and does not mean your application has failed.
P
Patent agent
A registered USPTO practitioner who can draft and prosecute patent applications but is not a lawyer. Often a more affordable option for startups that don't yet need full IP litigation services.
Patent attorney
A lawyer who is also licensed to practice before the USPTO; necessary when dealing with matters of infringement or non-infringement of existing patents, litigation, or licensing agreements.
Patent moat
A portfolio of strategically layered patents that makes it difficult for competitors to enter your market without infringing; built over time through continuations, divisionals, and new filings tied to product evolution.
Patent pending
A legal status that begins when a provisional or non-provisional application is filed with the USPTO. Can be used in marketing and investor materials but does not grant enforcement rights until the patent is granted. Falsely marketing products as patent pending when an application is not actually pending is illegal.
Patent prosecution
The back-and-forth process of responding to USPTO office actions and negotiating claim scope with an examiner after filing a non-provisional application. Typically takes 18-36 months.
Patent troll
Informal term for a non-practicing entity that acquires patents purely to generate licensing revenue through litigation threats rather than to protect active products.
PCT (Patent Cooperation Treaty) application
A single international patent filing that preserves your right to seek patent protection in 157 countries for up to 30 months. The standard first step for startups with global market ambitions.
Prior art
Any publicly available information that predates a patent application and describes the same or similar invention, including patents, publications, products, and even your own earlier public disclosures.
Priority date
The earliest filing date associated with a patent application; the critical timestamp that determines whether later-published information counts as prior art against your claims.
Provisional patent application
A lower-cost, informal filing that locks in a priority date and grants 12 months of "patent pending" status. The standard first patent move for early-stage startups before committing to a full application. The same requirements for enablement and claim support apply, but provisionals do not require formal claims, drawings, or abstracts.
Public disclosure
Any act that makes an invention available to the public without a confidentiality obligation, including pitching at demo days, posting on social media, publishing a blog post, or offering something for sale. Creates a 12-month US filing deadline and destroys international rights immediately.
R
Response to office action
A written reply to a USPTO examiner's rejection that argues for patentability and/or amends claims. Must be filed within a statutory deadline (usually 3 months, extendable to 6) or the application goes abandoned.
Restriction requirement
A USPTO examiner's determination that your application covers more than one distinct invention and must be split. Restrictions don't prevent you from pursuing patent protection for any distinct invention identified by the examiner.
S
Small entity
A USPTO fee status for companies with fewer than 500 employees that reduces all USPTO fees by 60%.
Specification
The written description in a patent application that explains what the invention is, how it works, and how to make it. Must fully support the claims or they can be rejected for lacking written description and/or enablement.
T
Track One (prioritized examination)
A USPTO program that prioritizes examination of a non-provisional application for an additional fee, reducing average grant time from 24 months to 6-12 months.
Trade secret
Confidential business information that provides a competitive advantage and is actively protected from disclosure. An alternative to patents for inventions that can be kept secret, with no expiration date but no protection against independent discovery.
Trademark
A legally protected brand identifier (name, logo, or slogan) that distinguishes your products from competitors and can last indefinitely with continued use and renewal.
U
USPTO
The United States Patent and Trademark Office — the federal agency that examines patent applications, grants patents, and maintains the public patent database.
Utility patent
The most common patent type, covering how an invention works, protecting methods, processes, machines, and software systems for up to 20 years from the filing date.