Although utility patents offer broad protection against potentially competing inventions, it can take years to receive a utility patent.
In order to be granted a patent, the subject matter of a utility patent application must be useful. Traditionally, this meant operability, practical use, and beneficial use. With regard to operability, a fantastic invention that cannot be operated will not be granted a utility patent even if it has both practical and beneficial uses.
This element can be easily established for many types of inventions, but it can be harder to establish in the case of chemical compounds, which are sometimes developed before their practical function is nailed down.
The beneficial use strand of the utility requirement, which barred immoral or deceptive inventions like gambling devices, is mostly no longer applied.
Design patents are issued in connection with new, original, and ornamental design that is contained within or applied to something that is manufactured. They are less expensive and easier to obtain than a utility patent. A design patent allows the owner to exclude others from making, using, or selling the patented design for 14 years from the date the patent is granted.
The time period for design patents may change in the near future. There are no maintenance fees associated with this type of patent. Plant patents are issued for the discovery or invention of new and distinct asexually reproducing plants. This can include sports, hybrids, seedlings, mutants, and cultivations, other than plants found in an uncultivated state or that are potatoes or edible tuber propagated plants.
The owner of a plant patent can exclude others from making, using, or selling the plant for up to 20 years from the date the owner files a patent application. Like design patents, plant patents need not be kept up with maintenance fee payments. Last reviewed October Intellectual Property Contents. What Are Utility Patents? Design Patent Design patents are issued in connection with new, original, and ornamental design that is contained within or applied to something that is manufactured.
Plant Patents Plant patents are issued for the discovery or invention of new and distinct asexually reproducing plants. Intellectual Property. Applying for a Patent. Patentability Requirements. How much is this going to cost? Do you need International protection?
Utility and Plant patent applications can be filled using either a provisional or nonprovisional application. A provisional application is a quick and inexpensive way for inventors to establish a U.
Most inventors employ the services of registered patent attorneys or patent agents Additional info on Attorneys and Agents Attorneys and agents with licenses to practice before the USPTO Are you an inventor or small business who has limited resources and needs help applying for a patent on an invention? I want to file myself Pro Se. Step 5 Patent Electronic Business Center. Contact Patents. Information about Application for Patent Submit your initial application with all the required parts needed for obtaining a filing date and include the correct fee.
Very basic tutorial on Filing a New Application online - Some sample documents, what must be submitted to get a filing date, documents that are also often included in a new application, etc. How to access our online filing and application status systems View the Quick Start Guides and Indexing Guides for basic online filing directions See also resources for filing for a patent online.
First time online filers may also contact the Patents Electronic Business Center for assistance. Resources and Guidance. A collection of policies, procedures, guides, tools and manuals are associated with the patent process. Examination of Applications. Chapter - Examination of Applications. Office of Stakeholder Outreach and Patents Ombudsman.
The Patents Ombudsman Program enhances the USPTO's ability to assist applicants or their representatives with issues that arise during patent application prosecution. Learn more about patent petitions. Access to petition resources, reference material and FAQs. Patent Electronic Business Center. Patent Trial and Appeal Board. The PTAB is charged with rendering If the examiner does not think your application meets the requirements, the examiner will explain the reason s.
You will have opportunities to make amendments or argue against the examiner's objections. If you fail to respond to the examiner's requisition, within the required time, your application will be abandoned. If your application is twice rejected, you may appeal the examiner's decision to the Patent Trial and Appeal Board PTAB If your response to a Final Action does not overcome all of the examiner's objections or if any of the claims have been twice rejected.
You can consider filing an appeal with the Patent Trial and Appeal Board PTAB If you have chosen legal representation , remember that once an application is filed by a patent attorney or agent, the USPTO will only communicate with the attorney or agent. Patent Examination Fees Patent Extension of Time Fees Consider an Interview with your examiner - The USPTO encourages examiners to take a proactive approach to examination by reaching out and engaging our stakeholders in an effort to resolve issues and shorten prosecution.
The notice of allowance will list the issue fee and may also include the publication fee that must be paid prior to the Patent being issued. Frequently asked Questions about the Notice of Allowance and the Issue fee. Patent Fee Table - Issuance Fees Utility and reissue patents are issued within about four weeks after the issue fee and any required publication fee are received in the Office.
Step 8 Pay your Maintenance Fees. Patent Term Calculator. Estimate how long before your Patent expires using this Microsoft Excel worksheet. More Patent and Trademark Services. Record an Assignment or name change. Pay Maintenance Fees and Check the Status Maintenance fees are required to maintain a patent in force beyond 4, 8, and 12 years after the issue date for utility and reissue utility patents. See the Maintain Your Patent page for more information.
Name optional. Background of the Invention: The background of the invention is provided to describe the general and specific technical areas to which the invention is related. The background also may discuss the closest prior art to the invention and how such known prior art is different from the invention, as well as problems or disadvantages of known solutions at the time of the invention.
Brief Summary of the Invention: The summary is used to describe the invention that is being claimed in the set of claims at the end of the patent. The summary may discuss the nature and substance of the invention, and include statements on the objectives of the invention.
Brief Description of the Drawings. The brief description of the drawings provides short and concise summary as to the general nature of each drawing included in the patent, including such information as what is depicted in each drawing figure, the number of the drawing figure, and the type of drawing depicted by the figure.
Detailed Description of Invention. The detailed description of the invention describes the entirety of the invention in combination with the drawings. This description will discuss various exemplary embodiments of the invention, and is sufficiently detailed to enable one reading the description to be able to make or use the invention. The description refers to the various drawing figures and numbered elements provided in the figures.
The description should described best mode of the invention so that the skilled person can carry out the invention. Claims : The claims are statements found at the end of the patent that define the legal protection of the patent. The claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description.
Independent claim. An independent claim typically describes the scope of protection of the patent in its broadest terms. The claims includes elements in the form of limitations that are part of the invention. Dependent claim. A dependent claim includes all of the limitations of the independent claim from which it depends plus the limitations stated in the dependent claim. For any questions regarding U. Foreign Priority Data : A field of data describing the application or applications filed outside of the U.
For any questions regarding PCT applications, please feel free to contact us here.
0コメント