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US Patent Information
Generally speaking, United States patent protection is the only vehicle
by which one can exclude all others in the United States from making, using, selling or importing
the subject matter which makes up the claimed invention. A patent application is a detailed written
description of an invention's structure and function, accompanied by mandatory patent-quality
drawings. A patent application has often been described by the courts as the most difficult legal
document to draft because it must be written pursuant to strict regulations so as to result in
a patent that is valid and enforceable.
A valid patent cannot be granted for an invention that was patented or described in a printed
publication in this or a foreign country or in public use or on sale in this country more than
one year prior to the date of the application for patent in the United States. A valid patent
application may only be filed in the name of the actual inventor or inventors of the invention
over which patent protection is sought. In addition, patent protection is generally unavailable
in countries other than the United States if the invention is publicly used or otherwise disclosed
anywhere in the world before a patent application is filed.
To provide you with important US patent information, we have listed some of the
most common US Patent questions and answers below.
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| Q |
What Is a
Patent? |
| A |
A patent
for an invention is the grant of a property right to the
inventor, issued by the Patent and Trademark Office. The
term of a new patent is 20 years from the date on which
the application for the patent was filed in the United
States or, in special cases, from the date an earlier
related application was filed, subject to the payment
of maintenance fees. US patent grants are effective only
within the US, US territories, and US possessions.
The right conferred by the patent grant is, in the language
of the statute and of the grant itself, "the right
to exclude others from making, using, offering for sale,
or selling" the invention in the United States or
"importing" the invention into the United States.
What is granted is not the right to make, use, offer for
sale, sell or import, but the right to exclude others
from making, using, offering for sale, selling or importing
the invention. >>back
to Q&A |
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| Q |
What do the
terms "patent pending" and "patent applied
for" mean? |
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| A |
They are used by a manufacturer or seller of an article
to inform the public that an application for patent on that article is on file in the Patent
and Trademark Office. The law imposes a fine on those who use these terms falsely to deceive
the public. >>back to Q&A
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| |
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| Q |
Is there any danger that the Patent and Trademark Office
will give others information contained in my application while it is pending? |
| A |
No. All patent applications are maintained in the strictest
confidence until the patent is issued. After the patent is issued, however, the Office file
containing the application and all correspondence leading up to issuance of the patent is
made available in the Files Information Unit for inspection by anyone and copies of these
files may be purchased from the Office. >>back
to Q&A |
|
| Q |
May I write to the Patent and Trademark Office
directly about my application after it is filed? |
| A |
The Office will answer an applicant's inquiries
as to the status of the application, and inform you whether your application has been rejected,
allowed, or is awaiting action. However, if you have a patent attorney or agent of record
in the application file the Office will not correspond with both you and the attorney/agent
concerning the merits of your application. All comments concerning your application should
be forwarded through your attorney or agent. >>back
to Q&A |
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| Q |
Is it necessary to go to the Patent and Trademark
Office to transact business concerning patent matters? |
| A |
No; most business with the Office is conducted
by correspondence. Interviews regarding pending applications can be arranged with examiners
if necessary, however, and are often helpful. >>back
to Q&A |
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| Q |
If two or more persons work together to
make an invention, to whom will the patent be granted? |
| A |
If each had a share in the ideas forming
the invention, they are joint inventors and a patent will be issued to them jointly on the
basis of a proper patent application. If, on the other hand, one of these persons has provided
all of the ideas of the invention, and the other has only followed instructions in making
it, the person who contributed the ideas is the sole inventor and the patent application
and patent shall be in his/her name alone. >>back
to Q&A |
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| Q |
If one person furnishes all of the ideas to
make an invention and another employs him or furnishes the money for building and testing
the invention, should the patent application be filed by them jointly? |
| A |
No. The application must be signed by
the true inventor, and filed in the Patent and Trademark Office, in the inventors name.
This is the person who furnishes the ideas, not the employer or the person who furnishes
the money. >>back to Q&A
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| Q |
What can be patented? |
| A |
In the language of the patent statute, any
person who "invents or discovers any new and useful process, machine, manufacture,
or composition of matter, or any new and useful improvement thereof, may obtain a patent,"
subject to the conditions and requirements of the law. The word "process" is defined
by law as a process, act or method, and primarily includes industrial or technical processes.
The term "machine" used in the statute needs no explanation. The term "manufacture"
refers to articles which are made, and includes all manufactured articles. The term "composition
of matter" relates to chemical compositions and may include mixtures of ingredients
as well as new chemical compounds. These classes of subject matter taken together include
practically everything which is made by man and the processes for making the products. >>back
to Q&A |
| |
| Q |
Who may apply for a patent? |
| A |
According to the law, only the inventor may
apply for a patent, with certain exceptions. If a person who is not the inventor should
apply for a patent, the patent, if it were obtained, would be invalid. The person applying
in such a case who falsely states that he/she is the inventor would also be subject to criminal
penalties. If the inventor is dead, the application may be made by legal representatives,
that is, the administrator or executor of the estate. If the inventor is insane, the application
for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot
be found, a joint inventor or a person having a proprietary interest in the invention may
apply on behalf of the non-signing inventor. >>back
to Q&A |
| |
| Q |
How do I know if I want a Design vs. a Utility
application? |
| A |
In general terms, a "utility patent"
protects the way an article is used and works (35 U.S.C. 101), while a "design patent"
protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be
obtained on an article if invention resides both in its utility and ornamental appearance.
While utility and design patents afford legally separate protection, the utility and ornamentality
of an article are not easily separable. Articles of manufacture may possess both functional
and ornamental characteristics. >>back
to Q&A |
| |
| Q |
What is a provisional patent application? |
| A |
A provisional application for patent is
a U. S. national application for patent filed in the USPTO under 35 U.S.C. §111(b).
It allows filing without a formal patent claim, oath or declaration, or any information
disclosure (prior art) statement. It provides the means to establish an early effective
filing date in a non-provisional patent application filed under 35 U.S.C. §111(a).
It also allows the term "Patent Pending" to be applied.
A provisional application for patent (provisional application) has a pendency lasting 12
months from the date the provisional application is filed. The 12-month pendency period
cannot be extended. Therefore, an applicant who files a provisional application must file
a corresponding non-provisional application for patent (non-provisional application) during
the 12-month pendency period of the provisional application in order to benefit from the
earlier filing of the provisional application.
A filing date will be accorded to a provisional application only when it contains: a written
description of the invention, complying with all requirements of 35 U.S.C. §112 1;
and any drawings necessary to understand the invention, complying with 35 U.S.C. §113.
If either of these items are missing or incomplete, no filing date will be accorded to the
provisional application.
To be complete, a provisional application must also include the filing fee as set forth
in 37 C. F. R. 1.16(k) and a cover sheet provided by the U.S. Patent and Trademark Office.
>>back to Q&A |
| |
| Q |
Can a provisional application be made for a
design patent? |
| A |
No. >>back
to Q&A |
| |
| Q |
How do I find out if I need patent, trademark
and/or copyright protection? |
| A |
Patents protect inventions and improvements
to existing inventions. Copyrights cover literary, artistic, and musical works. Trademarks
are brand names and/or designs which are applied to products or used in connection with
services. >>back to Q&A
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For more US Patent Information,
contact us today.
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