Patents
The right conferred by the patent grant is “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 by a patent 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. (Source: USPTO)
What is a Provisional Patent?
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 later-filed non-provisional patent application filed under 35 U.S.C. § 111(a). It also allows the term "Patent Pending" to be applied in connection with the description of the invention. (Source: USPTO).
What is a Design Patent?
A design patent protects the overall appearance of an invention and is granted for a new, original and ornamental design for an article of manufacture. The term of a design patent is 14 years from the date of issue. A design patent should be utilized, for example if the appearance of the invention is important as well as obtaining other relevant IP rights.
What does Patent Pending mean?
A non-provisional and/or provisional patent has been applied for but not yet granted.
What can be Patented?
To be patentable in the United States, an invention is patentable if: According to 35 USC §101, whoever invents or discovers any new and useful: 1. process, 2. machine, 3. manufacture, 4. or composition of matter, 5. or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title [35 USC § §1 et seq.]. Note: The invention must be "USEFUL". One aspect of the "utility" test is that the invention cannot be a mere theoretical phenomenon. The invention must be "NOVEL", that is, it must be something that no one did before. The invention must be "UNOBVIOUS" to "a person having ordinary skill in the art to which said subject matter pertains". Does the USPTO grant a patent to the inventor when the patent paperwork is filed? No, the next step in the patent process after filing for a patent is patent prosecution. The patent attorney must argue the claims of the patent with the patent examiner and convince him or her that the invention meets all of the USPTO requirements (e.g., novelty, usefulness, etc.). Your chances of success in this step are increased if you use an experienced patent attorney who has dealt with the USPTO on patent inventions and is familiar with the USPTO requirements. NOTICE: This website provides general information only, not legal advice. You should not act upon this information without independent legal counsel.