from The Century Dictionary and Cyclopedia

  • Made so that it can be patented; made in such a way that it is patentable.


Sorry, no etymologies found.


  • When an issued patent claims a product and discloses, but does not claim, a process for making that product, the patentee, when later seeking a patent on the disclosed process, may present evidence of post-invention, alternative processes that produce the patented product, in order to show that the process and product are patentably distinct.

    Archive 2009-09-01

  • The novel legal question in this case asks if later-developed alternative processes are relevant in the product-process "patentably distinct" inquiry.

    Archive 2009-04-01

  • When filing the secondary application, the applicant essentially avers that the product and process are "patentably distinct."

    Archive 2009-04-01

  • Thus, the relevant time frame for determining whether a product and process are "patentably distinct" should be at the filing date of the secondary application.

    Archive 2009-04-01

  • This approach allows an applicant to rely on some later-developed methods to show that the product and process are "patentably distinct," even though the alternative processes for making that product may not have been known at the filing date of the primary application.

    Archive 2009-04-01

  • But the court tossed one of the patents because it wasn't "patentably distinct" from another patent in the case.

    Teva Gets Partial Victory

  • If there are families of applications, Examiners will now have to spend time slogging through multiple applications, looking for "substantial overlap", patentably indistinct claims, divisional rejoinders, and potential "15/75" violations before they can even begin to search for prior art.

    Archive 2007-08-01

  • Under 37 CFR 1.78(f)(2)(i), a rebuttable presumption shall exist that a nonprovisional application contains at least one claim that is not patentably distinct from at least one of the claims in another pending or patented nonprovisional application if the following conditions are met:

    Archive 2007-09-01

  • In such a situation, the applicant must either rebut this presumption by explaining to the satisfaction of the Director how the applications contain only patentably distinct claims, or submit the appropriate terminal disclaimers and explain to the satisfaction of the Director why two or more pending applications containing conflicting or patentably indistinct claims should be maintained.

    Archive 2006-01-01

  • The proposed rule changes relate to the examination of claims, continuing applications, requests for continued examination and applications containing patentably indistinct claims.

    Archive 2006-01-01


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