Effective Date: The date as of which a reference is available as
"prior art" in determining the patentability of an invention. The
effective date is usually different than the effective filing date included in
the patent application.
Election: The choice by the applicant of the invention to be
prosecuted and, hence, the claims to be examined.
Element of Claim: A portion of the body of a patent claim that
describes a feature of an invention and that interrelates that feature with the
other features of the invention.
Embodiment: One (or possibly many) concrete forms of an invention as
described in a patent application or patent.
Enablement: Support within a disclosure of a claimed invention.
Enablement occurs when a person skilled in the art to which the invention
pertains is taught how to make and how to use an invention.
Enjoin: Direct or to impose by court order.
Equivalent: A patent that relates to the same invention and shares the
same priority application as a patent from a different issuing authority.
Equivalents-Reverse Doctrine of: This concept is used infrequently. It
refers to situations where one might literally infringe on a patent claim, but
due to the interpretation of the claim, the situation would not be considered an
infringer.
Ex Parte: A legal proceeding with no adversary, as in a normal patent
prosecution.
Examination: Review of a patent application to determine if a claimed
invention is patentable.
Examiner: A patent office official who is appointed to determine the
patentability of applications.
Examiner's Action: A written communication from the patent examiner
that contains requirements or documents the reasons behind the examiner's
patentability decisions and usually sets a time for response required by the
applicant.
Example: An example of one embodiment of an invention. If the example
is an actual working example it is described in the past tense. If it is a
prophetical example, or if simulated or predicted test results are presented,
the present tense is used.
Exceptional Case: In order to seek an attorney's fees award as part of
the relief granted to the prevailing party in patent litigation, it is necessary
to show that the case has unusual circumstances. In general, it means that there
has either been willful infringement on the part of the alleged infringer or
that the patentee was reckless in bringing an infringement case.
Execute: To sign an oath or declaration.
Exhibit: A physical embodiment of an invention; a model or specimen.
Experimental Use: Under Section 102(b) of the Patent Statute, there
are a number of statutory bars which state that one cannot file a patent
application more than one year after the initial placing on sale, publication,
or public use of an invention. If the use was, in fact, experimental use rather
than public or commercial use, such use is not counted in computing the one-year
period. The experimentation must be to verify that the invention works for its
intended purpose as distinguished from other factors such as marketing research.
Expiration Date: The date when a patent has run its full term and the
invention is no longer protected by it.
Extension of Time: An extension of the "period for response"
stipulated in an office action.
