Who may apply for a U.S. Patent?
A patent may be granted to the inventor or discoverer of any new and useful
process, machine, manufacture, or composition of matter, or any new and useful
improvement thereof, or on any distinct and new variety of plant, which is
asexually reproduced, or on any new, original, and ornamental design for an
article of manufacture.
On what subject matter may a patent not be
granted?
A patent may not be granted on a useless device, on printed mater, on an
improvement in a device which would be obvious to a person skilled in the art,
or on a machine which is not useful such as an alleged perpetual motion
machine.
If one person furnishes the ideas for
invention and another person employs him or finances his experimentation,
should the patent application be filed by them jointly?
No. The application should be signed by the true inventor and filed in his or
her name.
Is there any danger that the Patent and
Trademark Office will give others information contained in my application while
it is pending?
All patent applications are maintained in the strictest secrecy until the
patent is issued or the application is published. Publication is limited to
only certain applications. After the patent is issued, however, the file
containing the application and all correspondence leading up to issuance of the
patent is made available in the files information room for inspection by
anyone, and copies of these files may be purchased from the Patent Office.
I have made some changes in my invention
after the filing of my patent application documents. May I amend my patent
application by adding a description and illustration of these features?
No. The law provides that new matter cannot be introduced into the disclosure
of a patent application. However, there is a procedure called
"continuation-in-part application" that allows the patent applicant
to file a new application which contains new subject matter to replace or
supplement the original. You should notify your patent agent immediately of any
changes you make in your invention.
While on vacation last summer, I found an article on sale which has
not yet been introduced into the U.S. or patented or described in the U.S. May I get a U.S. patent on this invention?
No. According to the law, a U.S. Patent can only be obtained by the true
inventor, not by one who learns of the invention of another.
Does the Patent and Trademark Office
control the fees charged by patent agents for their services?
No. The Office maintains a roster of registered patent practitioners, but the
Office does not control fees, nor will the Office help you select a patent
agent.
If I obtain a patent on my invention, will
that protect me against claims of others who say that I am infringing their
patents?
No. There may be a patent of a more basic nature on which your invention is an
improvement. If your invention is a detailed refinement or feature of such a
basically protected invention, you may not use it without the consent of the
patentee, just as no one will have the right to use your patented improvements
without your consent.
What do the terms "patent
pending" and "patent applied for" mean?
They are used by a manufacturer or seller of an article to inform the public
that an application for patent on that article is on file in the Patent and
Trademark Office. The law imposes a fine on those who use these terms falsely
to deceive the public.
Can an inventor sell his right to a patent
or patent application to someone else?
Yes. The inventor can sell all or any part of his interest in the patent
application or the patent.
Does a U.S. patent protect my invention in other countries?
No. The U.S.
patent protects your invention only in this country. If you wish to protect
your invention in foreign countries, you must file an application in the patent
office of each country within the time limit permitted by law. Check with your patent
agent about costs before you decide to file in foreign countries.