The Top 10 Patent Acronyms. Episode 107

Why Patent Acronyms Matter

I’m going to take a break from talking about patent litigation to do a short episode on patent acronyms. If you’re talking to a patent attorney or reading about patents, you’ll often come across acronyms that no one bothers to explain because they assume you already know them.

I hate it when someone uses acronyms assuming I know what they mean. I feel dumb for asking, and later when I try to look them up, I find 20 meanings for the same acronym and still don’t know which one applies. I’ve probably done this myself on the podcast—maybe I explained it once in Episode 1, but if you’re jumping in now, you might not know what I’m referring to.

So here are what I believe are the top 10 acronyms you’ll encounter in the patent world.

1. IP – Intellectual Property

IP stands for Intellectual Property. This includes creative assets you can legally protect—mainly patents, trademarks, copyrights, and trade secrets. Some attorneys do all four; others specialize. Some do litigation, others focus on patent prosecution.

2. PTO or USPTO – United States Patent and Trademark Office

USPTO stands for the United States Patent and Trademark Office—the federal agency where patent applications are filed, examined, and issued. It’s headquartered in Alexandria, Virginia, but most work is done electronically. Often, it’s shortened to just PTO.

3. MPEP – Manual of Patent Examining Procedure

This is the massive manual the USPTO uses for examining patents. It’s the size of two phone books and covers everything you need to know about how patent applications are handled. If each podcast episode were expanded to 100 pages, you’d get the MPEP.

4. PHOSITA – Person Having Ordinary Skill in the Art

This is a legal standard used when evaluating obviousness. Obvious to whom? Not a genius or a child—a PHOSITA. This hypothetical person has ordinary skill in the relevant field. For example, for a mechanical pencil invention, the PHOSITA might have a mechanical engineering degree and a few years of pencil-industry experience.

5. PTAB – Patent Trial and Appeal Board

PTAB is a board within the USPTO. If your patent application is rejected and you want to appeal, you go to PTAB. They can overturn or uphold the examiner’s decision.

6. CAFC – Court of Appeals for the Federal Circuit

If you lose at PTAB or in district court, you can appeal to CAFC—the main appellate court for patent issues. Unlike most federal cases that go to regional appellate courts, patent cases go to the CAFC. From there, you can appeal to the Supreme Court.

7. EPO – European Patent Office

The EPO is like the USPTO, but for Europe. You can file a single European patent that applies to around 40 countries, making it a major office for international patents.

8. PCT – Patent Cooperation Treaty

The PCT is an international treaty that simplifies the process of filing patents in multiple countries. A PCT application can later be used to file in any of the participating countries.

9. WIPO – World Intellectual Property Organization

WIPO is a United Nations agency with 193 member countries. It helps establish international IP treaties—like the PCT—and promotes IP globally.

10. USC – United States Code

Not the Trojans! This refers to the official compilation of U.S. federal statutes. For example, 35 USC §101 relates to patentable subject matter. §102 relates to novelty, and §103 to obviousness. Patent attorneys often shorthand this and just say things like, “I got a 101 rejection.”

There are more acronyms out there, but those are my top 10.

Until next time, I'm Adam Diament, and keep on inventing!