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.
US Patent and Trademark
US Patent and Trademark grants three types of patents which are: utility patents, design patents and plant patents. To be patentable, an invention essentially must meet the following requirements set by US Patent and Trademark which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of US Patent and Trademark is often consider the entry test for patentability. The probably more demanding, non-obviousness requirement is harder to objectively define.
US Patent and Trademark defines legal "novelty" in great detail. But in general practice there are only a few basic rules that US Patent and Trademark need to consider in analyzing whether an invention is novel:
No patent protection is available for:
* an invention known or used by others in the U.S. prior to the date of invention by the Applicant.
* an invention patented or described in a printed publication anywhere (U.S. or abroad) prior to the date of invention by the Applicant.
* an invention patented 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 invention in public use in the U.S. more than one year prior to the filing date of the patent application.
* an invention on sale in the U.S. more than one year prior to the filing date of the patent application.
The typical way that an examiner in US Patent and Trademark shows obviousness is to cite a number of prior art references that, when combined as suggested by possibly another prior art reference, contain all of the elements of the applicant's invention. An invention is not patentable if, considering the prior art that existed at the time of invention, the invention would have been obvious to a person of ordinary skill in the art. Obviousness rejections are common during patent prosecution; however, because such rejections are somewhat subjective, they can often be overcome through persuasive argument. Secondary considerations of US Patent and Trademark are: (1) commercial success; (2) long-felt need; and/or (3) commercial acquiescence can factor into such arguments.
Utility requirement is the probably the most overlooked statutory requirement of US Patent and Trademark for patentability since it is often assumed that someone would seek patent protection for an invention that is useful. An inventor is generally motivated to seek patent protection from US Patent and Trademark in an attempt to profit financially from his endeavors. But proof of utility is required when seeking patent protection for inventions whose value may be difficult to gauge, such as chemical and pharmaceutical compounds.
US Patent and Trademark defines legal "novelty" in great detail. But in general practice there are only a few basic rules that US Patent and Trademark need to consider in analyzing whether an invention is novel:
No patent protection is available for:
* an invention known or used by others in the U.S. prior to the date of invention by the Applicant.
* an invention patented or described in a printed publication anywhere (U.S. or abroad) prior to the date of invention by the Applicant.
* an invention patented 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 invention in public use in the U.S. more than one year prior to the filing date of the patent application.
* an invention on sale in the U.S. more than one year prior to the filing date of the patent application.
The typical way that an examiner in US Patent and Trademark shows obviousness is to cite a number of prior art references that, when combined as suggested by possibly another prior art reference, contain all of the elements of the applicant's invention. An invention is not patentable if, considering the prior art that existed at the time of invention, the invention would have been obvious to a person of ordinary skill in the art. Obviousness rejections are common during patent prosecution; however, because such rejections are somewhat subjective, they can often be overcome through persuasive argument. Secondary considerations of US Patent and Trademark are: (1) commercial success; (2) long-felt need; and/or (3) commercial acquiescence can factor into such arguments.
Utility requirement is the probably the most overlooked statutory requirement of US Patent and Trademark for patentability since it is often assumed that someone would seek patent protection for an invention that is useful. An inventor is generally motivated to seek patent protection from US Patent and Trademark in an attempt to profit financially from his endeavors. But proof of utility is required when seeking patent protection for inventions whose value may be difficult to gauge, such as chemical and pharmaceutical compounds.
Free Patent Searches
Your first step when you get a patent idea is using free patent searches to know if there are related inventions out there and to see if you can protect your idea. This is important due to the following:
1) Free patent searches documents your idea and serves as a record of invention date.
2) Free patent searches prevent you wasting time on developing an idea that already exists.
Inventor need not solicit the help of a patent counsel to conduct a free patent searches. They can do the work themselves and search for free patent searches sites. For an inventor to be able to start his or her own Free patent searches, he or she needs to access the U.S. Patent Office Database at http://www.uspto.gov/patft/index.html.
Purposes of Free Patent Searches
1. Find out if your invention is patentable.
Free patent searches helps make sure that no one else has patented the invention before having patented. Free patent searches prevent you from investing time and money only to find out someone else already patented your invention.
2. Avoid patent infringement.
Free patent searches will prevent lawsuits from infringing on someone else's patent.
3. Find similar patents.
Read the patents of similar products to get ideas to improve your design. If you are an individual inventor, you may have no idea what other experts in the field have already developed. Free patent searches will bring you up to date on the state of the art.
4. Protect your patent.
When writing a patent application, an attorney should know what the most similar patents cover. A patent can be invalidated if you don't find similar prior art patents. If you file a patent without using comprehensive free patent searches you risk another previous inventor coming forward and invalidating your invention.
5. Marketing your invention.
If you don't yet have a patent, the best way to sell a license is a strong patentability opinion from a patent attorney. Free patent searches may help show that the idea can be patented and licensed.
Free patent searches are important to prevent the inventor from shelling out thousands of dollars in a patent application. In some instances, certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior Free patent searches and Opinion allows the inventor to identify the patentable elements and file a patent application which avoids the prior art and prevents any patent infringement.
1) Free patent searches documents your idea and serves as a record of invention date.
2) Free patent searches prevent you wasting time on developing an idea that already exists.
Inventor need not solicit the help of a patent counsel to conduct a free patent searches. They can do the work themselves and search for free patent searches sites. For an inventor to be able to start his or her own Free patent searches, he or she needs to access the U.S. Patent Office Database at http://www.uspto.gov/patft/index.html.
Purposes of Free Patent Searches
1. Find out if your invention is patentable.
Free patent searches helps make sure that no one else has patented the invention before having patented. Free patent searches prevent you from investing time and money only to find out someone else already patented your invention.
2. Avoid patent infringement.
Free patent searches will prevent lawsuits from infringing on someone else's patent.
3. Find similar patents.
Read the patents of similar products to get ideas to improve your design. If you are an individual inventor, you may have no idea what other experts in the field have already developed. Free patent searches will bring you up to date on the state of the art.
4. Protect your patent.
When writing a patent application, an attorney should know what the most similar patents cover. A patent can be invalidated if you don't find similar prior art patents. If you file a patent without using comprehensive free patent searches you risk another previous inventor coming forward and invalidating your invention.
5. Marketing your invention.
If you don't yet have a patent, the best way to sell a license is a strong patentability opinion from a patent attorney. Free patent searches may help show that the idea can be patented and licensed.
Free patent searches are important to prevent the inventor from shelling out thousands of dollars in a patent application. In some instances, certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior Free patent searches and Opinion allows the inventor to identify the patentable elements and file a patent application which avoids the prior art and prevents any patent infringement.
Patent Ductus Arteriosus
At birth, mammals must adapt from living in a fluid environment (the amniotic fluid) and acquiring oxygen through the mother's blood, to breathing air and acquiring oxygen through their own lungs. The ductus arteriosus is very important in the adaptation process. This is a small communicating blood vessel between the pulmonary artery (which carries blood to the lungs), and the aorta (which carries blood to the rest of the body). Before birth, most of the blood from the fetal heart bypasses the fetal lungs via the ductus arteriosus. The lungs gradually become functional fairly late in fetal development. At birth, the blood supply from the mother is of course cut off, the dog (or other mammal) begins breathing on its own, and blood flow through the ductus arteriosus decreases dramatically. Within a few days, the ductus closes off completely.
Where the ductus does not close, the dog is left with a patent ductus arteriosus (PDA) condition. The extent to which this affects the dog depends on the degree of patency, or opening, of the ductus.
Patent Ductus Arteriosus or PDA is the most commonly diagnosed congenital heart defect in dogs. It occurs in many breeds and is seen more often in females. The breeds at most risk for patent ductus arteriosus are the Maltese, Pomeranian, Shetland sheepdog, and Kerry blue terrier. Other breeds with an increased risk of patent ductus arteriosus are the Keeshond, miniature and toy poodle, Bichon frise, Yorkshire terrier, English springer spaniel, collie, cocker spaniel, German shepherd, Irish setter and Chihuahua.
The degree to which the dog is affected depends on the magnitude of the defect. Patent ductus arteriosus can range anywhere from a small blind pocket off the aorta which doesn't cause any problems, to varying degrees of abnormal blood flow through the ductus between the aorta and the pulmonary artery. Without surgery, premature death is likely.
Usually patent ductus arteriosus is first suspected when the veterinarian hears the characteristic continuous "machinery" heart murmur when your dog is examined at the time of vaccination. There are radiographic and electrocardiographic signs to confirm the patent ductus arteriosus diagnosis. Your puppy will not likely show any clinical signs relating to the patent ductus arteriosus.
To treat patent ductus arteriosus, surgery is recommended in all dogs less than 2 years of age in which a left-to-right shunting PDA has been diagnosed. Surgical treatment of patent ductus arteriosus consists of tying off the patent ductus and is quite successful. Surgery should be performed as soon as possible - as early as 8 to 16 weeks of age - before changes have occurred as the heart tries to compensate for the defect.
Where the ductus does not close, the dog is left with a patent ductus arteriosus (PDA) condition. The extent to which this affects the dog depends on the degree of patency, or opening, of the ductus.
Patent Ductus Arteriosus or PDA is the most commonly diagnosed congenital heart defect in dogs. It occurs in many breeds and is seen more often in females. The breeds at most risk for patent ductus arteriosus are the Maltese, Pomeranian, Shetland sheepdog, and Kerry blue terrier. Other breeds with an increased risk of patent ductus arteriosus are the Keeshond, miniature and toy poodle, Bichon frise, Yorkshire terrier, English springer spaniel, collie, cocker spaniel, German shepherd, Irish setter and Chihuahua.
The degree to which the dog is affected depends on the magnitude of the defect. Patent ductus arteriosus can range anywhere from a small blind pocket off the aorta which doesn't cause any problems, to varying degrees of abnormal blood flow through the ductus between the aorta and the pulmonary artery. Without surgery, premature death is likely.
Usually patent ductus arteriosus is first suspected when the veterinarian hears the characteristic continuous "machinery" heart murmur when your dog is examined at the time of vaccination. There are radiographic and electrocardiographic signs to confirm the patent ductus arteriosus diagnosis. Your puppy will not likely show any clinical signs relating to the patent ductus arteriosus.
To treat patent ductus arteriosus, surgery is recommended in all dogs less than 2 years of age in which a left-to-right shunting PDA has been diagnosed. Surgical treatment of patent ductus arteriosus consists of tying off the patent ductus and is quite successful. Surgery should be performed as soon as possible - as early as 8 to 16 weeks of age - before changes have occurred as the heart tries to compensate for the defect.
Patent US
Patent US gives inventor exclusive rights on the invention. The exclusive rights will prevent others to make, use, import, sell or offer to sell the invention without the inventor’s permission. In exchange for Patent US grant, the inventors must disclose their invention to the public in the form of patent application. Patent US does not grant inventors the right to make, use, sell, or import their inventions.
Patent US has several requirements for an invention to be patentable:
• New - the invention must not have been disclosed in any way - by word of mouth, journal article or abstract. An invention may be completely new or an improvement on an existing invention.
• Involve an inventive step - The invention should not be obvious to another scientist with experience of the field, though in practice this is often difficult to judge, particularly if the invention involves an incremental improvement.
• Must have industrial application - The invention should be capable of use within some kind of industry, where industry has the broad definition of anything distinct from purely intellectual or aesthetic activity. In practical terms this means that the invention takes the form of a device or apparatus, a product such as a new material or substance or a new industrial process or method of application.
There are three types of Patent US granted by the Patent US office, these are: utility patents, design patents and plant patents. There are specific requirements for the Patent US applications. Patent US application must include a specification, including a description and claim(s); an oath or declaration identifying the applicant(s) believing to be the original inventor(s); a drawing when necessary; and the filing fee. Prior to 1870, a model of the invention was required as well. Today, a model is almost never required.
Patent search is an important phase all applications for Patent US undergo. Inventors can make a search of patents already granted, text books, journals and other publications to be sure that someone else has not already invented their idea. The U.S.P.T.O. Patent US database is the most popular means of search available to a layperson. The Patent US database only contains "keyword" searchable patent data from 1975 forward. Patent US database, publications and journals are also an important step to assure the patentability of the invention. Inventors can make a search of patents already granted in text books, journals and other publications to be sure that someone else has not already invented their idea. They may hire someone to do it for them or may do the search on the US patent information at the Public Search Room of the Patent US and Trademark Office in Arlington, Virginia, on the PTO web page on the Internet, or at one of the Patent US and Trademark Depository Libraries across the country.
Patent US has several requirements for an invention to be patentable:
• New - the invention must not have been disclosed in any way - by word of mouth, journal article or abstract. An invention may be completely new or an improvement on an existing invention.
• Involve an inventive step - The invention should not be obvious to another scientist with experience of the field, though in practice this is often difficult to judge, particularly if the invention involves an incremental improvement.
• Must have industrial application - The invention should be capable of use within some kind of industry, where industry has the broad definition of anything distinct from purely intellectual or aesthetic activity. In practical terms this means that the invention takes the form of a device or apparatus, a product such as a new material or substance or a new industrial process or method of application.
There are three types of Patent US granted by the Patent US office, these are: utility patents, design patents and plant patents. There are specific requirements for the Patent US applications. Patent US application must include a specification, including a description and claim(s); an oath or declaration identifying the applicant(s) believing to be the original inventor(s); a drawing when necessary; and the filing fee. Prior to 1870, a model of the invention was required as well. Today, a model is almost never required.
Patent search is an important phase all applications for Patent US undergo. Inventors can make a search of patents already granted, text books, journals and other publications to be sure that someone else has not already invented their idea. The U.S.P.T.O. Patent US database is the most popular means of search available to a layperson. The Patent US database only contains "keyword" searchable patent data from 1975 forward. Patent US database, publications and journals are also an important step to assure the patentability of the invention. Inventors can make a search of patents already granted in text books, journals and other publications to be sure that someone else has not already invented their idea. They may hire someone to do it for them or may do the search on the US patent information at the Public Search Room of the Patent US and Trademark Office in Arlington, Virginia, on the PTO web page on the Internet, or at one of the Patent US and Trademark Depository Libraries across the country.
How to Get a Patent
There are ways on how to get a patent on inventions. Some inventors solicit the help of patent lawyers to help them secure the patent. Other inventors do it by themselves. This is because a hiring a patent lawyer for help on how to get a patent is costly.
Patent attorney helps the inventor on how to get a patent by determining if the invention is patentable. This is an important fact to consider when thinking on how to get a patent on your invention. Depending on the result of the evaluation, patent attorney advises the client as to whether a patent application should be filed on the invention.
If the patent attorney decides the next step on how to get a patent is to file a patent application in the USPTO. The next step on how to get a patent is after the application has been filed in the USPTO, it is assigned to a patent examiner. If the invention is not patentable, the applicant, with the patent attorney's assistance, can appeal to the USPTO's Board of Appeals.
Another way on how to get a patent is to do it on your own. This is no easy task since there is no legal counsel to guide you on how to get a patent along the way. But thousands of inventors have successfully navigated on how to get a patent system. In fact, federal law requires patent examiners at the U.S. Patent and Trademark Office (USPTO) to help individual inventors on how to get a patent without a lawyer's help.
The following are the basic steps on how to get a patent:
1. Keep a careful record of your invention. Record every step of the invention process. Document all of your efforts. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. You need to be able to show how your invention works, new and cannot be for sale or be known about for more than a year before you apply for a patent.
3. Assess the commercial potential of your invention. Before you spend the time and money to file a patent application, you need to research the market you hope to enter.
4. Do a thorough patent search. To make sure your invention is new, you need to search all the earlier developments in your field. You can start your research on the Internet, but you may also want to visit a Patent and Trademark Depository Library.
5. Prepare and file an application with the USPTO. You now have a choice when you file with the USPTO. You can file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention.
Patent attorney helps the inventor on how to get a patent by determining if the invention is patentable. This is an important fact to consider when thinking on how to get a patent on your invention. Depending on the result of the evaluation, patent attorney advises the client as to whether a patent application should be filed on the invention.
If the patent attorney decides the next step on how to get a patent is to file a patent application in the USPTO. The next step on how to get a patent is after the application has been filed in the USPTO, it is assigned to a patent examiner. If the invention is not patentable, the applicant, with the patent attorney's assistance, can appeal to the USPTO's Board of Appeals.
Another way on how to get a patent is to do it on your own. This is no easy task since there is no legal counsel to guide you on how to get a patent along the way. But thousands of inventors have successfully navigated on how to get a patent system. In fact, federal law requires patent examiners at the U.S. Patent and Trademark Office (USPTO) to help individual inventors on how to get a patent without a lawyer's help.
The following are the basic steps on how to get a patent:
1. Keep a careful record of your invention. Record every step of the invention process. Document all of your efforts. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. You need to be able to show how your invention works, new and cannot be for sale or be known about for more than a year before you apply for a patent.
3. Assess the commercial potential of your invention. Before you spend the time and money to file a patent application, you need to research the market you hope to enter.
4. Do a thorough patent search. To make sure your invention is new, you need to search all the earlier developments in your field. You can start your research on the Internet, but you may also want to visit a Patent and Trademark Depository Library.
5. Prepare and file an application with the USPTO. You now have a choice when you file with the USPTO. You can file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention.
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.
The Patent and Trademark Office will not tell you if your invention has already been invented by someone else unless you apply for a patent. Patent and Trademark Office can only verify that the description and claims per description by their inventors or patent attorneys, are new, unique, and not obvious to the Patent and Trademark Office. The Patent and Trademark Office examiners do not verify that an invention works or that it can ever be, or never has been, built. They try only to correctly verify that the invention is patentable and has not been patented in the U.S. before.
In making a patent application, there are some specific requirements one need to comply. An application must include a specification, including a description and claim(s); an oath or declaration identifying the applicant(s) believing to be the original inventor(s); a drawing when necessary; and the filing fee. Prior to 1870, a model of the invention was required as well. Today, a model is almost never required.
To be patentable, an invention essentially must meet the following requirements set by Patent and Trademark Office which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of Patent and Trademark Office is often consider the entry test for patentability. The probably more demanding, non-obviousness requirement is harder to objectively define. The typical way that an examiner in Patent and Trademark Office shows obviousness is to cite a number of prior art references that, when combined as suggested by possibly another prior art reference, contain all of the elements of the applicant's invention.
Inventors can make a search of patents already granted, text books, journals and other publications to be sure that someone else has not already invented their idea. They may hire someone to do it for them or may do this themselves at the Public Search Room of the U.S. Patent and Trademark Office in Arlington, Virginia, on the PTO web page on the Internet, or at one of the Patent and Trademark Depository Libraries across the country. The patent cost can be very high for some people which the U.S. Patent and Trademark Office charges a minimum of about $4,000 over the life of the patent.
The Patent and Trademark Office will not tell you if your invention has already been invented by someone else unless you apply for a patent. Patent and Trademark Office can only verify that the description and claims per description by their inventors or patent attorneys, are new, unique, and not obvious to the Patent and Trademark Office. The Patent and Trademark Office examiners do not verify that an invention works or that it can ever be, or never has been, built. They try only to correctly verify that the invention is patentable and has not been patented in the U.S. before.
In making a patent application, there are some specific requirements one need to comply. An application must include a specification, including a description and claim(s); an oath or declaration identifying the applicant(s) believing to be the original inventor(s); a drawing when necessary; and the filing fee. Prior to 1870, a model of the invention was required as well. Today, a model is almost never required.
To be patentable, an invention essentially must meet the following requirements set by Patent and Trademark Office which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of Patent and Trademark Office is often consider the entry test for patentability. The probably more demanding, non-obviousness requirement is harder to objectively define. The typical way that an examiner in Patent and Trademark Office shows obviousness is to cite a number of prior art references that, when combined as suggested by possibly another prior art reference, contain all of the elements of the applicant's invention.
Inventors can make a search of patents already granted, text books, journals and other publications to be sure that someone else has not already invented their idea. They may hire someone to do it for them or may do this themselves at the Public Search Room of the U.S. Patent and Trademark Office in Arlington, Virginia, on the PTO web page on the Internet, or at one of the Patent and Trademark Depository Libraries across the country. The patent cost can be very high for some people which the U.S. Patent and Trademark Office charges a minimum of about $4,000 over the life of the patent.
Patents
Patents pertain to the exclusive right, granted by the government, to make use of an invention or process for a specific period of time, usually 14 years to 20 years. Patents are also referred to as the 'Inventors Rights'.
According to the law, only the inventor may apply for patents, with certain exceptions. If a person who is not the inventor should apply for patents, the patents, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patents may be made by a guardian. If an inventor refuses to apply for patents or cannot be found, a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.
If two or more persons make an invention jointly, they apply for patents as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor. Officers and employees of the Patents and Trademark Office are prohibited by law from applying for a patents or acquiring, directly or indirectly, except by inheritance or bequest, any patents or any right or interest in any patents.
Patents enable the inventor to others from making and using the invention for a fixed period of time. After this period has expired the rights to the patents may be used by others to produce or use your invention. Without a registration, it is difficult to prevent others from making and using your invention. Not all inventions can be patented. To be able to patent an invention, it must be new and it must be inventive. An invention tends only to be considered as "new" if it fits the following:
· has not been shown or
· described to the public (whether in a publication, by exhibition or verbally) world-wide prior to filing a patents application.
Selling, getting orders or trying to get orders can also make a patent registration invalid. To ensure that a registration is valid the new inventions must be kept secret. Discussions concerning selling, marketing etc. could also invalidate the registration. Therefore, all the new invention details must be kept secret if you want to obtain valid registration for them in the future.
According to the law, only the inventor may apply for patents, with certain exceptions. If a person who is not the inventor should apply for patents, the patents, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patents may be made by a guardian. If an inventor refuses to apply for patents or cannot be found, a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.
If two or more persons make an invention jointly, they apply for patents as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor. Officers and employees of the Patents and Trademark Office are prohibited by law from applying for a patents or acquiring, directly or indirectly, except by inheritance or bequest, any patents or any right or interest in any patents.
Patents enable the inventor to others from making and using the invention for a fixed period of time. After this period has expired the rights to the patents may be used by others to produce or use your invention. Without a registration, it is difficult to prevent others from making and using your invention. Not all inventions can be patented. To be able to patent an invention, it must be new and it must be inventive. An invention tends only to be considered as "new" if it fits the following:
· has not been shown or
· described to the public (whether in a publication, by exhibition or verbally) world-wide prior to filing a patents application.
Selling, getting orders or trying to get orders can also make a patent registration invalid. To ensure that a registration is valid the new inventions must be kept secret. Discussions concerning selling, marketing etc. could also invalidate the registration. Therefore, all the new invention details must be kept secret if you want to obtain valid registration for them in the future.
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