What is a patent? |
It is a legal monopoly over an invention for up to 20-years for utility and plant patents, and 14-years for design patents.
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What legal rights do I get with a patent? |
A patent owner can legally exclude others from making, using, offering for sale, selling, or importing the invention into the United States.
A plant patent owner can legally exclude others from asexually reproducing the plant, selling, or using the plant covered by the patent.
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What can be patented? |
A utility patent may be obtained for a: - Process,
- Machine,
- Article of manufacture, or
- Composition of matter
A patent may also be obtained for an improvement of an existing device, method, etc.
In addition, a design or a plant patent may be obtained.
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What can I do with a patent? |
You have a wide spectrum of choices since a patent is similar to a personal property. You may license the patent to one or more persons for a royalty, sell for a price, assign, mortgage, etc.
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Do I need to build a prototype or manufacture the device before applying for a patent? |
No.
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How do I go about getting a patent? |
A patent is obtained by preparing and filing an application with the U.S. Patent and Trademark Office, located in Arlington, Virginia (within ten minutes from our office). Although not required, we recommend conducting a patent search to determine patentability of an idea.
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How do I find out whether or not someone has already patented my idea? |
A patent search of the patent office records should disclose not only this, but also other similar patents.
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What does it mean by "patent pending" or "patent applied for"? |
These terms may be used to inform the public that an application is on file with the U.S. Patent and Trademark Office.
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Quite often, people speak of "claims" in a patent. What is a claim? |
A utility patent generally includes one or more claims which recite the novel features of the invention.
Claims also determine the scope (metes and bounds) of the rights granted by the government.
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Can I market my idea first and then apply for a patent? |
The U.S. Patent Law offers a one-year grace period from publication or public disclosure in which to file an application. However, it is considered risky to market the invention prior to filing an application. In addition, foreign filing rights are generally lost by pre-filing public disclosure.
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Is a U.S. patent valid throughout the rest of the world? |
A U.S. patent is only valid within the United States. If legal protection is desired in other countries, then foreign patents must be obtained individually in the countries of choice.
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Can a patent be renewed? |
No. Once a patent expires, anyone is free to copy the invention without any obligation to the patent owner.
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Do I need to hire an attorney to obtain a patent? |
The U.S. Patent and Trademark Office strongly recommends that the prospective applicants/inventors engage the services of a patent attorney or agent as the patent application process can be complex and the Patent and Trademark Office cannot assist in the preparation and prosecution of applications.
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How do I find a patent attorney? |
The U.S. Patent and Trademark Office maintains a roster of patent attorneys and agents registered to practice before the U.S. Patent and Trademark Office. Inventors may also consult telephone directories in their local area, or by calling (703) 555-1212, to locate attorneys near the U.S. Patent and Trademark Office.
Click here to view sample Patent.
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