patent and trademark office

Patent Drawing

Patent drawing is a requirement by law for patent applications in order to understand the nature of the invention. The Commissioner may require patent drawing where the nature of the subject matter admits of it; these patent drawing must be filed with the application. This includes practically all inventions except compositions of matter or processes, but patent drawing may also be useful in the case of many processes.

Sample Provisional Patent Applications

The United States Patent and Trademark Office (USPTO) has offered inventors the option of filing sample provisional patent applications since June 8, 1995. Sample provisional patent applications were designed to provide a lower-cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants under the GATT Uruguay Round Agreements. Sample provisional patent applications allow filing without a formal patent claim, oath or declaration, or any information disclosure or prior art statement. It provides the means to establish an early effective filing date in a non-provisional patent application filed. It also allows the term “Patent Pending” to be applied.

37 CFR and Consolidated Patent Rules

37 CFR and Consolidated Patent Rules provides patent, trademark and copyright examining attorneys in the Patent and Trademark Office, trademark registration applicants, and attorneys and representatives for trademark registration applicants, with a reference work on the practices and procedures relative to prosecution of applications to register marks in the Patent and Trademark Office. The 37 CFR and Consolidated Patent Rules contains guidelines for Examining Attorneys and materials in the nature of information and interpretation, and outlines the procedures which Examining Attorneys are required or authorized to follow in the examination of patent, trademark and copyright applications.

Patent Law

Patent Law grants an inventor the right to exclude others from producing or using the inventor’s discovery or invention for a limited period of time. U.S. patent laws were enacted by Congress under its Constitutional grant of authority to protect the discoveries of inventors. The main body of patent law concerning patents is found in Title 35 of the United States Code. In the patent law for the invention to be patented it must be novel, useful, and not of an obvious nature. Such “utility” patents are issued for four general types of inventions/discoveries: machines, human made products, compositions of matter, and processing methods. Changing technology has led to an ever expanding understanding of what constitutes a human made product. Specific additions to the Patent Act provide, in addition, for design and plant patents.

Patent and Trademark Office

The Patent and Trademark Office examiner, after the patent application has been filed with the Patent and Trademark Office, carefully reviews the application in order to determine the invention’s patentability. There is only one Patent and Trademark Office in the U.S. It is located in Arlington, Virginia, close to Washington, DC.

Drug Patent Data

Drug patent data can be accessed online. All patent applications for all industries are reviewed by trained Examiners at the Patent and Trademark Office (PTO). The effective pharmaceutical patent life as revealed in drug patent data which starts from the time from market entry to patent expiration is 11.7 years.

Patent Database

Patent database is a collection of information pertaining to patents. It is always good to refer to do patent search in a patent database before investing thousands of dollars in patent application. This way inventors can save money if during the search in patent database they found out that the invention is a ‘prior art’. All is not lost for the inventor though if that happens because he or she can always claims certain elements of the proposed invention to be patentable.

US Patent

US patent grants the inventor four basic rights on the invention:

1.) make
2.) use
3.) sell
4.) offer to sell

The patent could be for up to 20 years depending on the type of US patent applied for.
US patent has four distinct general types:

(1) Utility patents, usually referred to as “patents” without any further qualification
(2) Design patents whichcover the ornamental appearance of various products
(3) Plant patents which cover asexually reproduced varieties of plants, e.g. hybrid roses, fruit trees bearing new types of fruit, etc.
(4) Semiconductor chip masks which are not called patents but are handled by the Patent and Trademark Office.

United States Patents

United States patents pertains to the grant of a property right to the inventor to make, use, sell or offer to sell an invention. United States Patents are issued by the United States patents and Trademark Office. Generally, the term of United States patents 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. United States patents grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, United States patents term extensions or adjustments may be available.

US Patent Library

A Patent and Trademark Depository Library (PTDL) is a US Patent library designated by the U.S. Patent and Trademark Office (PTO) to receive and house copies of U.S. patents and patent and trademark materials, to make them freely available to the public, and to actively disseminate patent and trademark information. To be designated, a US Patent Library must meet the specific requirements and promise to fulfill the obligations outlined in the information brochure entitled Notes on Becoming a Patent and Trademark Depository Library.

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