What Is A Patent?
According to the United States Patent and Trademark Office (USTPO), a patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States.
A utility or plant patent in force on June 8, 1995, is subject to either the 17 year term from grant or the 20 year term from earliest effective U.S. filing date, whichever is longer. A design patent term is 14 years from patent grant. The right conferred by the patent grant extends throughout the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.
A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit. Prior to filing a patent application, a search of existing patents can be conducted at the USPTO Patent Search Room or at a Patent and Trademark Depository Library in your area. For additional information on patents, you may visit the USPTO Web site at www.uspto.gov/main/patents.htm.
Other Patents FAQs
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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 … More -
Q:
What Is A Provisional Patent Application?
A: Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has offered inventors the option of filing a provisional patent application, also known as a … More -
Q:
What Are The Advantages Of Filing A Provisional Patent Application?
A: The advantage of a provisional patent is that it's much faster and easier to file than a standard patent application. A standard patent application can take months to … More -
Q:
What Is The Difference Between A Provisional Patent Application And A Non-Provisional One?
A: A provisional patent has a 12month pendency period from the date of filing. The U.S. Patent Office will not grant extensions for any reason. A patent inventor … More -
Q:
What Does The Provisional Patent Application Need To Include?
A: The provisional patent application must be made in the name(s) of all of the inventor(s). It can be filed up to one year following the date of first sale, offer for … More -
Q:
How Do I Turn A Provisional Patent Application Into A Full One?
A: Once a provisional application is filed, an alternative to filing a corresponding nonprovisional application is to convert the provisional application to a … More -
Q:
What Does The Non-Provisional Patent Application Need To Include?
A: A nonprovisional application for a patent is made to the Assistant Commissioner for Patents and includes: 1. A written document which comprises a specification … More -
Q:
Should I Hire A Lawyer?
A: Filing for a nonprovisional patent application is very complicated and the requirements are strict. As you see, it is best to have all parts of the application … More
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