In the US Patent office, after the patent application has been filed with the US Patent office, a patent examiner carefully reviews the application in order to determine the invention's patentability. The examination process usually takes 12 to 18 months. This is so because it will depend on the workload and staffing of the US Patent office. The US Patent Office examiners only verify that the description and claims per description by their inventors are new, unique, and not obvious to the US Patent Office. The US Patent Office examiners do not verify that an invention works. They try only to correctly verify that the invention is patentable and has not been patented in the US before.
To be patentable, an invention essentially must meet the following requirements set by US Patent office which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of US Patent office is often consider the entry test for patentability. It generally is satisfied unless: (i) prior to the inventor's invention date, the invention was actually reduced to practice or an application disclosing it was filed by one still diligently pursuing it, or it was patented by another or published anywhere in the world by others or publicly known or used in the US by others, or (ii) prior to one year before the filing date of the inventor's patent application, patented or published anywhere in the world or in public use or on sale in the US as a result of the acts of the inventor or others. This effective one-year grace period for such acts of the inventor is unique to the US patent laws; in foreign countries, such acts of the inventor would bar the inventor from obtaining a patent in their native land.
When the US Patent office examiner has made his/her initial patentability determination, the US Patent office responds by sending the applicant what is known as an "Office Action" containing its determination and the reasons for it. If the Office Action contains a rejection of the claims and there exist arguable grounds for contesting the examiner's determination, one typically files a "Response," usually in the form of an Amendment, to overcome the rejection. There are usually only two Office Actions and Responses before a final determination is made by the US Patent Office examiner as to the invention's patentability. If the result is detrimental to the applicant's interests, it can be appealed. Typical legal fees that apply for responding to Office Actions are $500.00 to $3,000.00, depending upon the complexity of the arguments.
Patent cost can be very high although fees for the patent application, issue and maintenance fees and other related fees are reduced by 50 percent when the applicant is a small business or individual inventor. U S Patent Office charges a minimum of about $4,000 over the life of the patent.
Patent Application Process
Patent application process is long and quite difficult. That is why often, examiners would recommend the inventor to get a patent agent or a patent lawyer to facilitate the patent application process for the invention. But this would also require a sum of money depending on the intricacies involved in the patent application process. Services rendered by patent lawyers and agents could start at a minimum of $5,000.
Even though the patent application process is difficult, it is possible to do it on your own. The biggest disadvantage though is you will have to learn the patent application process quickly and do it on your own without the able guidance of the experts.
Before undergoing through the patent application process it is important to know the different kinds of patents to apply for. These are: (1) utility patents, granted to the inventor or discoverer of any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof; (2) plant patents, granted on any distinct and new variety of asexually reproduced plant; and (3) design patents, granted on any new, original, and ornamental design for an article of manufacture.
Utility and plant patents are granted for a term which begins on the date of the grant and ends 20 years from the date the patent application was first filed, subject to the payment of maintenance fees; design patents are granted for a term of 14 years from the date of the grant.
In patent application process the most basic step is to make sure that your invention qualifies for a patent or what you call patentable. You can do this by doing a thorough patent search on your invention. Find out if there was already a similar product patented or a prior art. However, if you find something similar to your invention you can still go through the patent application process in order to apply for the embodiments or specific parts of the invention.
After the thorough patent search, the next step of the patent application process is to file the application to the US Patent and Trademark Office. A USPTO examiner will be assigned to handle your case. Depending on the workload, the result after you file could be received between 12 to 18 months. If you are unsuccessful, you can appeal the decision to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Some steps on patent application process are easy, others are more difficult. As with all new endeavors, you will succeed by trial and error. But by taking the patent application process one step at a time, you can acquire a patent later on.
Even though the patent application process is difficult, it is possible to do it on your own. The biggest disadvantage though is you will have to learn the patent application process quickly and do it on your own without the able guidance of the experts.
Before undergoing through the patent application process it is important to know the different kinds of patents to apply for. These are: (1) utility patents, granted to the inventor or discoverer of any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof; (2) plant patents, granted on any distinct and new variety of asexually reproduced plant; and (3) design patents, granted on any new, original, and ornamental design for an article of manufacture.
Utility and plant patents are granted for a term which begins on the date of the grant and ends 20 years from the date the patent application was first filed, subject to the payment of maintenance fees; design patents are granted for a term of 14 years from the date of the grant.
In patent application process the most basic step is to make sure that your invention qualifies for a patent or what you call patentable. You can do this by doing a thorough patent search on your invention. Find out if there was already a similar product patented or a prior art. However, if you find something similar to your invention you can still go through the patent application process in order to apply for the embodiments or specific parts of the invention.
After the thorough patent search, the next step of the patent application process is to file the application to the US Patent and Trademark Office. A USPTO examiner will be assigned to handle your case. Depending on the workload, the result after you file could be received between 12 to 18 months. If you are unsuccessful, you can appeal the decision to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Some steps on patent application process are easy, others are more difficult. As with all new endeavors, you will succeed by trial and error. But by taking the patent application process one step at a time, you can acquire a patent later on.
Japanese Patent Office
In order to obtain a patent, one must apply to the Japanese Patent Office and go through an examination to determine whether the application fulfills all the necessary requirements. The Japanese Patent Office examines all applications before ultimately granting any patent right. The whole procedure in Japanese Patent Office is as follows:
(1) Filing. This is the most basic step. An application in Japanese Patent Office requires that one fills out the forms prescribed in the relevant ordinances and submit them to the Japanese Patent Office. Japan has adopted the first-to-file system, where two parties apply for a patent for the same invention, the first to file will be granted the patent.
(2) Publication of Unexamined Application (Kokai) The Japanese Patent Office will publish the content of an application in the Patent Office Gazette after 18 months have elapsed from the date of filing.
(3) Request for Examination. An examination on patent application will be carried out only for those applications which filed a request for examination and paid the examination fees.
(4) Substantive Examination The Japanese Patent Office examination will be carried out by the examiners of the Japanese Patent Office who will decide whether or not the claimed invention should be patented.
(5) Notification of Reasons for Refusal If the Japanese Patent Office examiner finds reasons for refusal, a notice to this effect will be sent to the applicant.
(6) Written Argument or Amendment. Applicant who received a notification of refusal can submit either a written argument claiming that the invention differs from the prior art to which the Notification of Reasons for Refusal refers, or an amendment of the claims in the case that this would nullify the reasons for rejection.
(7) Decision to Grant a Patent / Decision of Refusal. As a result of the Japanese Patent Office examination, the examiner will make a decision to grant a patent as the final assessment of the examination stage if no reasons for refusal have been found. If the Japanese Patent Office examiner finds reasons for refusal, notification will be sent to inform the applicant of these reasons.
(8) Registration Provided that the applicant pays the patent fee, once the decision to grant a patent has been made the patent right will come into existence as it is entered in the Patent Register.
(9) Opposition The Japanese Patent Office will reexamine the appropriateness of its decision to grant and remedy any flaws that may be discovered.
(10) Decision to Maintain the Patent / Decision to Revoke the Patent The examination of a written opposition to the grant of a patent right is carried out by a collegial body of three or five appeal examiners. If there is an objection to a decision to maintain, a decision to revoke or a decision of refusal, either the applicant or any interested person may lodge an appeal with the Japanese Patent Office or bring a suit before the Tokyo High Court.
(1) Filing. This is the most basic step. An application in Japanese Patent Office requires that one fills out the forms prescribed in the relevant ordinances and submit them to the Japanese Patent Office. Japan has adopted the first-to-file system, where two parties apply for a patent for the same invention, the first to file will be granted the patent.
(2) Publication of Unexamined Application (Kokai) The Japanese Patent Office will publish the content of an application in the Patent Office Gazette after 18 months have elapsed from the date of filing.
(3) Request for Examination. An examination on patent application will be carried out only for those applications which filed a request for examination and paid the examination fees.
(4) Substantive Examination The Japanese Patent Office examination will be carried out by the examiners of the Japanese Patent Office who will decide whether or not the claimed invention should be patented.
(5) Notification of Reasons for Refusal If the Japanese Patent Office examiner finds reasons for refusal, a notice to this effect will be sent to the applicant.
(6) Written Argument or Amendment. Applicant who received a notification of refusal can submit either a written argument claiming that the invention differs from the prior art to which the Notification of Reasons for Refusal refers, or an amendment of the claims in the case that this would nullify the reasons for rejection.
(7) Decision to Grant a Patent / Decision of Refusal. As a result of the Japanese Patent Office examination, the examiner will make a decision to grant a patent as the final assessment of the examination stage if no reasons for refusal have been found. If the Japanese Patent Office examiner finds reasons for refusal, notification will be sent to inform the applicant of these reasons.
(8) Registration Provided that the applicant pays the patent fee, once the decision to grant a patent has been made the patent right will come into existence as it is entered in the Patent Register.
(9) Opposition The Japanese Patent Office will reexamine the appropriateness of its decision to grant and remedy any flaws that may be discovered.
(10) Decision to Maintain the Patent / Decision to Revoke the Patent The examination of a written opposition to the grant of a patent right is carried out by a collegial body of three or five appeal examiners. If there is an objection to a decision to maintain, a decision to revoke or a decision of refusal, either the applicant or any interested person may lodge an appeal with the Japanese Patent Office or bring a suit before the Tokyo High Court.
Getting a Patent
In getting a patent knowing what to do and how to go about it is a very important requirement. It is not good to aim getting a patent and end up disappointed because of errors. Getting a patent could be a long process but the invention could have some huge commercial value which could certainly be worth all the trouble in going through the steps on getting a patent on it. There are a number ways on getting a patent that can be done by an inventor. Some inventors hire patent lawyers or patent agents to help them. Getting a patent is such a huge undertaking that they could not risk losing it. Others do it by themselves.
An inventor may try getting a patent to prosecute his own case, the Patent and Trademark Office usually recommends the use of an attorney or agent. This is so because lack of skill in getting a patent often detracts from obtaining the maximum protection for the invention. In most inventor-filed cases, the patent Examiner sees that the applicant is unfamiliar with the proper process on getting a patent and always urges the applicant to employ a registered patent attorney or agent to prosecute the application, since the value of a patent is largely dependent upon skillful preparation and prosecution. While the Examiner may recommend hiring an attorney or agent, he never suggests any particular one.
Doing a patent search is probably the first most important and basic step on getting a patent. This is a very important factor to consider in getting a patent to your invention. Getting a patent requires some knowledge on what qualifies of patentability. This includes the following:
1. Novelty - meaning that the technology is not "anticipated" or identical to an invention disclosed in a single piece of prior art.
2. Non-Obviousness - meaning that the technology must be different enough from the prior art so as to not be obvious in view of the prior art.
3. Utility - meaning that the invention must have a useful purpose.
If you find that getting a patent is a viable idea, then the next step on getting a patent is to file a patent application in the USPTO. After the application has been filed in the USPTO, it is assigned to a patent examiner. The next step on getting a patent is for the patent examiner to make an exhaustive review on the application. This is done through correspondence with the examiner, discussions in person or by telephone, and perhaps doing some amendments to the claims. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. This phase on getting a patent requires the aid of a patent lawyer. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
An inventor may try getting a patent to prosecute his own case, the Patent and Trademark Office usually recommends the use of an attorney or agent. This is so because lack of skill in getting a patent often detracts from obtaining the maximum protection for the invention. In most inventor-filed cases, the patent Examiner sees that the applicant is unfamiliar with the proper process on getting a patent and always urges the applicant to employ a registered patent attorney or agent to prosecute the application, since the value of a patent is largely dependent upon skillful preparation and prosecution. While the Examiner may recommend hiring an attorney or agent, he never suggests any particular one.
Doing a patent search is probably the first most important and basic step on getting a patent. This is a very important factor to consider in getting a patent to your invention. Getting a patent requires some knowledge on what qualifies of patentability. This includes the following:
1. Novelty - meaning that the technology is not "anticipated" or identical to an invention disclosed in a single piece of prior art.
2. Non-Obviousness - meaning that the technology must be different enough from the prior art so as to not be obvious in view of the prior art.
3. Utility - meaning that the invention must have a useful purpose.
If you find that getting a patent is a viable idea, then the next step on getting a patent is to file a patent application in the USPTO. After the application has been filed in the USPTO, it is assigned to a patent examiner. The next step on getting a patent is for the patent examiner to make an exhaustive review on the application. This is done through correspondence with the examiner, discussions in person or by telephone, and perhaps doing some amendments to the claims. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. This phase on getting a patent requires the aid of a patent lawyer. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Innovation Innovating Breakthrough Invention Patent
Innovation innovating breakthrough invention patent pertains to innovation done to an embodiment or certain parts of prior art.
Conditions for Obtaining an Innovation Innovating Breakthrough Invention Patent:
1. Non-Obviousness - meaning that the technology of the innovation innovating breakthrough invention patent must be different enough from the prior art so as to not be obvious in view of the prior art.
2. Novelty - meaning that the technology of the innovation innovating breakthrough invention patent is not "anticipated" or identical to an invention disclosed in a single piece of prior art.
3. Utility - meaning that the Innovation innovating breakthrough invention patent must have a useful purpose. Virtually all Innovation innovating breakthrough invention patent meet the utility requirement which has largely been used to prevent the patenting of "quack" inventions such as perpetual motion machines.
No patent protection is available for:
* an innovation innovating breakthrough invention patent known or used by others in the U.S. prior to the date of invention by the Applicant.
* an innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) prior to the date of invention by the Applicant.
* an innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) more than one year prior to the U.S. filing date of the patent application.
* an innovation innovating breakthrough invention patent in public use in the U.S. more than one year prior to the filing date of the patent application.
* an innovation innovating breakthrough invention patent on sale in the U.S. more than one year prior to the filing date of the patent application.
An innovation innovating breakthrough invention patent continues to be a grant of a "bundle of rights", specifically the rights to prevent others from
1. making;
2. using;
3. selling; or
4. offering for sale the patented invention.
No right to make, use, sell or offer to sell the patent. A patent application must contain: (1) a written description of the invention; and (2) claims particularly pointing out and distinctly claiming the invention.
1. The description is simply a detailed account of the structure, operation, and function of the invention, written in such terms as to "enable any person skilled in the art to make and use" the invention.
2. The claims define the boundaries of the intellectual property and must be carefully drafted to avoid the teachings of the prior art while providing maximum legal protection for the invention.
Conditions for Obtaining an Innovation Innovating Breakthrough Invention Patent:
1. Non-Obviousness - meaning that the technology of the innovation innovating breakthrough invention patent must be different enough from the prior art so as to not be obvious in view of the prior art.
2. Novelty - meaning that the technology of the innovation innovating breakthrough invention patent is not "anticipated" or identical to an invention disclosed in a single piece of prior art.
3. Utility - meaning that the Innovation innovating breakthrough invention patent must have a useful purpose. Virtually all Innovation innovating breakthrough invention patent meet the utility requirement which has largely been used to prevent the patenting of "quack" inventions such as perpetual motion machines.
No patent protection is available for:
* an innovation innovating breakthrough invention patent known or used by others in the U.S. prior to the date of invention by the Applicant.
* an innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) prior to the date of invention by the Applicant.
* an innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) more than one year prior to the U.S. filing date of the patent application.
* an innovation innovating breakthrough invention patent in public use in the U.S. more than one year prior to the filing date of the patent application.
* an innovation innovating breakthrough invention patent on sale in the U.S. more than one year prior to the filing date of the patent application.
An innovation innovating breakthrough invention patent continues to be a grant of a "bundle of rights", specifically the rights to prevent others from
1. making;
2. using;
3. selling; or
4. offering for sale the patented invention.
No right to make, use, sell or offer to sell the patent. A patent application must contain: (1) a written description of the invention; and (2) claims particularly pointing out and distinctly claiming the invention.
1. The description is simply a detailed account of the structure, operation, and function of the invention, written in such terms as to "enable any person skilled in the art to make and use" the invention.
2. The claims define the boundaries of the intellectual property and must be carefully drafted to avoid the teachings of the prior art while providing maximum legal protection for the invention.
US Patent Application
US Patent application simply means a request filed before a patent office in which an applicant applies for a patent for an invention. The policy in US Patent application requires that an inventor should sufficiently reveal how an invention works to justify the grant of the patent. A US Patent application is examined in most jurisdictions.
In most countries, the first to file a patent application for the invention is presumed to be the owner of the rights to the invention. The date of filing and the content of the first application for an invention largely determine forever the potential validity and value of that patent, and the ability to file for similar patents in other countries.
An application must be filed in any country in which patent protection is desired. An international application can reserve the right to file national applications later in designated or elected countries. As a practical matter, it is important to file an initial application before anyone else invents, describes, uses, applies for a patent, or patents the invention anywhere.
There are statutory limitations on the latest date by which an initial US patent application must be filed. Among these is the requirement of strict novelty, which requires filing of a US patent application prior to any public use or disclosure of the invention. In the United States, an inventor has a grace period of one year from the date of public use, disclosure, or sale of the invention to file the first US patent application, although the unprotected use or disclosure may have already destroyed the opportunity for obtaining a patent elsewhere. Some Asian countries have adopted a similar 6-month grace period.
The major types of US Patent application in U.S. practice are the provisional, design, plant and utility applications. After the initial application is filed, there may be additional applications made for various procedural reasons, including the continuation, continuation-in-part and divisional. Here are the basic differences between the major types:
* Provisional: an inexpensive US patent application requiring full disclosure, but does not require claims to an invention. Expires in 12 months if not supplemented with other filings.
* Design: cover new ornamental designs for an "article of manufacture."
* Plant: protects discoveries of distinct asexually produced plants or newly discovered seedlings;
* Utility Application: This type of US patent application is the most common and is used for claiming subject matter in the categories of machines, processes and articles of manufacture. Also known as “national” application or “non-provisional” application.
It is quite common for a company to file multiple US patent applications (including different types) for the same product, intending to cover various inventive aspects, such as the appearance, operation, production, and use of a product.
In most countries, the first to file a patent application for the invention is presumed to be the owner of the rights to the invention. The date of filing and the content of the first application for an invention largely determine forever the potential validity and value of that patent, and the ability to file for similar patents in other countries.
An application must be filed in any country in which patent protection is desired. An international application can reserve the right to file national applications later in designated or elected countries. As a practical matter, it is important to file an initial application before anyone else invents, describes, uses, applies for a patent, or patents the invention anywhere.
There are statutory limitations on the latest date by which an initial US patent application must be filed. Among these is the requirement of strict novelty, which requires filing of a US patent application prior to any public use or disclosure of the invention. In the United States, an inventor has a grace period of one year from the date of public use, disclosure, or sale of the invention to file the first US patent application, although the unprotected use or disclosure may have already destroyed the opportunity for obtaining a patent elsewhere. Some Asian countries have adopted a similar 6-month grace period.
The major types of US Patent application in U.S. practice are the provisional, design, plant and utility applications. After the initial application is filed, there may be additional applications made for various procedural reasons, including the continuation, continuation-in-part and divisional. Here are the basic differences between the major types:
* Provisional: an inexpensive US patent application requiring full disclosure, but does not require claims to an invention. Expires in 12 months if not supplemented with other filings.
* Design: cover new ornamental designs for an "article of manufacture."
* Plant: protects discoveries of distinct asexually produced plants or newly discovered seedlings;
* Utility Application: This type of US patent application is the most common and is used for claiming subject matter in the categories of machines, processes and articles of manufacture. Also known as “national” application or “non-provisional” application.
It is quite common for a company to file multiple US patent applications (including different types) for the same product, intending to cover various inventive aspects, such as the appearance, operation, production, and use of a product.
Patent Firm
Patent firm devotes a majority of their practice to patent law. Practicing attorneys of patent firms are skilled and experienced in the areas of patent application work, litigation, and counseling services. Patent firm promote the advantages realized by clients for patent application work, litigation, and counseling services.
Why Use A Specialist Patent Firm?
Patent laws can be complex. Their subtleties require an intimate working knowledge of the technology and the law in order to obtain the maximum benefit and protection that they afford.
Patent firm provides clients with highly specialized support in all areas of patent law, including the application work and preparation for patents, patent licensing and patent infringement litigation (at both the trial court and appellate levels). Many patent firms have particular expertise in specific industries or technology areas. Patent firms are skilled and experienced in the procedures of the U.S. Patent Office. In addition to their understanding of Patent Office procedures, patent firms bring an intimate knowledge of the technology and the current substantive Patent Law to bear when responding to any patent related issue, including taking the matter to the courts.
The value of a patent firm is especially apparent in court. Throughout the trial and discovery phases, knowledge of technology and of the patent law is obviously important. Only someone who understands the technology should be entrusted with evaluating technical documents and interrogating technically trained witnesses. Moreover, unless the patent firm understands the subtleties of patent law, he or she may not grasp the significance of the documents and testimony being obtained. At trial, the attorney's training can become critical. In the eyes of the jury, the decisive event in the trial of a patent case is often the cross examination of the inventor or expert witness.
Most patent firms have relationships with foreign patent firms throughout the world. These foreign associates assist in the international filings of patent applications on behalf of their clients including national stages for applications filed under the Patent Cooperative Treaty, as well as direct filings. The patent firm may also be called upon to file corresponding patent applications in other countries. This is done to increase the area of patent protection the patent owner if the invention is marketed worldwide. U.S. patent lawyer must have some working knowledge of the various patent laws and procedures in the major industrial nations of the world in order to render sound advice to the client.
Why Use A Specialist Patent Firm?
Patent laws can be complex. Their subtleties require an intimate working knowledge of the technology and the law in order to obtain the maximum benefit and protection that they afford.
Patent firm provides clients with highly specialized support in all areas of patent law, including the application work and preparation for patents, patent licensing and patent infringement litigation (at both the trial court and appellate levels). Many patent firms have particular expertise in specific industries or technology areas. Patent firms are skilled and experienced in the procedures of the U.S. Patent Office. In addition to their understanding of Patent Office procedures, patent firms bring an intimate knowledge of the technology and the current substantive Patent Law to bear when responding to any patent related issue, including taking the matter to the courts.
The value of a patent firm is especially apparent in court. Throughout the trial and discovery phases, knowledge of technology and of the patent law is obviously important. Only someone who understands the technology should be entrusted with evaluating technical documents and interrogating technically trained witnesses. Moreover, unless the patent firm understands the subtleties of patent law, he or she may not grasp the significance of the documents and testimony being obtained. At trial, the attorney's training can become critical. In the eyes of the jury, the decisive event in the trial of a patent case is often the cross examination of the inventor or expert witness.
Most patent firms have relationships with foreign patent firms throughout the world. These foreign associates assist in the international filings of patent applications on behalf of their clients including national stages for applications filed under the Patent Cooperative Treaty, as well as direct filings. The patent firm may also be called upon to file corresponding patent applications in other countries. This is done to increase the area of patent protection the patent owner if the invention is marketed worldwide. U.S. patent lawyer must have some working knowledge of the various patent laws and procedures in the major industrial nations of the world in order to render sound advice to the client.
Patent Pending
The expressions "patent pending" (sometimes this is abbreviated by "pat. pend." or "pat. pending") or "patent applied for" refer to a warning that inventors are entitled to use in reference to their product once a patent pending application has been filed, but before the patent is issued. The patent pending marking serves to alert potential infringers who would copy the invention. Patent pending mark notifies them that they may be liable for damages once a patent is issued. The fraudulent use of the patent pending warning is not allowed by United States law and inventors should be cautious when marking products or methods with patent pending mark that may not be covered by any patent pending.
During patent pending period, after making a proper, signed, dated, and witnessed documentation of an invention, the inventor has acquired valuable rights against any inventor who later conceives the same invention and applies for a patent. The invention may also be treated as a "trade secret" during patent pending and is kept confidential which gives the inventor the legal right to sue and recover damages against anyone who immorally learns of the invention (for example, through industrial spying).
Patent pending period refers to the stage where the patent application is filed but the patent is not yet issued. During patent pending including the one-year period after a provisional patent application is filed, the inventor can sue and recover damages against anyone who uses the invention. A pending patent application does not give an inventor any extra rights - only the hope of a future monopoly that begins when a patent issues. However, most companies that manufacture a product that is the subject of a pending patent application will mark the product "patent pending" in order to warn potential copiers that if they copy the product, they may have to stop later (and thus scrap all their molds and tooling) if and when a patent issues.
Eighteen months after filing, and while the application is patent pending, the U.S. Patent and Trademark Office (USPTO) will publish the application unless the applicant files a Nonpublication Request at the time of filing and doesn't file for a patent outside the U.S. If the application is published during the pendency or patent pending period, an inventor can later obtain royalties from an infringer from the date of publication provided (1) the application later issues as a patent; and (2) the infringer had actual notice of the published application.
During patent pending period, after making a proper, signed, dated, and witnessed documentation of an invention, the inventor has acquired valuable rights against any inventor who later conceives the same invention and applies for a patent. The invention may also be treated as a "trade secret" during patent pending and is kept confidential which gives the inventor the legal right to sue and recover damages against anyone who immorally learns of the invention (for example, through industrial spying).
Patent pending period refers to the stage where the patent application is filed but the patent is not yet issued. During patent pending including the one-year period after a provisional patent application is filed, the inventor can sue and recover damages against anyone who uses the invention. A pending patent application does not give an inventor any extra rights - only the hope of a future monopoly that begins when a patent issues. However, most companies that manufacture a product that is the subject of a pending patent application will mark the product "patent pending" in order to warn potential copiers that if they copy the product, they may have to stop later (and thus scrap all their molds and tooling) if and when a patent issues.
Eighteen months after filing, and while the application is patent pending, the U.S. Patent and Trademark Office (USPTO) will publish the application unless the applicant files a Nonpublication Request at the time of filing and doesn't file for a patent outside the U.S. If the application is published during the pendency or patent pending period, an inventor can later obtain royalties from an infringer from the date of publication provided (1) the application later issues as a patent; and (2) the infringer had actual notice of the published application.
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