Non-final Office Action

Definition:
An Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing the application for the first time. If a new issue arises after the applicant responds to the first non-final Office action, the examining attorney will issue another non-final Office action that sets forth the new issue(s) and continues any that remain outstanding.

Equivalents, Doctrine Of

Definition:
A rule of claim interpretation under which a product or process, although not a literal infringement, is still an infringement if it performs substantially the same way as the patented invention.

Non-final Office Action

Definition:
An Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing the application for the first time. If a new issue arises after the applicant responds to the first non-final Office action, the examining attorney will issue another non-final Office action that sets forth the new issue(s) and continues any that remain outstanding.

Derivative Work

Definition:
A work based on a preexisting work that is changed, condensed, recast, or embellished in some way.

Abandonment

Definition:
An application that has been declared abandoned is "dead" and no longer pending. Abandonment occurs under several circumstances. The most common reason is when the USPTO does not receive a response to an Office Action letter.

Suggestive Mark

Definition:
A word, picture, or other symbol that suggests, but does not directly describe, something about the goods or services in connection with which it is used as a mark.

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