Legal Definitions - disposal

In the context of patents, disposal refers to the final resolution or conclusion of a patent application process. It signifies that the application is no longer pending and has reached a definitive outcome. This outcome can be achieved in several ways: the application is withdrawn by the applicant, it is formally rejected by the patent office, or it is successfully granted as a patent.

Here are some examples illustrating the concept of disposal:

• Example 1 (Withdrawal): A small engineering firm filed a patent application for an innovative drone design. However, during the examination phase, they decided to pivot their business strategy and no longer pursue that particular invention. To avoid further costs and administrative burden, the firm formally withdrew their patent application from consideration.

  Explanation: The firm's decision to withdraw the application constitutes its "disposal." The application process has concluded because the applicant chose to discontinue it, meaning it is no longer active or pending before the patent office.

• Example 2 (Rejection): An individual inventor submitted a patent application for a unique kitchen gadget. After a thorough review, the patent examiner found that the gadget was too similar to existing products already described in prior patents and therefore lacked the required novelty. The patent office subsequently issued a final rejection of the application.

  Explanation: The patent office's final rejection of the application represents its "disposal." The application process has reached a definitive, albeit unfavorable, conclusion, meaning the invention will not be granted patent protection based on that specific filing.

• Example 3 (Grant): A biotechnology company applied for a patent for a new genetic sequencing technique. After several years of examination, including responding to office actions and making necessary amendments, the patent office determined that the technique met all patentability requirements. The patent was then officially granted.

  Explanation: The successful grant of the patent signifies the "disposal" of the patent application. The application process has reached its desired and final conclusion, resulting in the issuance of a patent that provides the company with exclusive rights to their invention.