Patent FAQ

Patents | Frequently Asked Questions and Answers | Patent FAQ

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What is a patent?

What is a design patent?

What is a utility patent?

What is a provisional application for patent (or “provisional patent application”)?

When is a provisional patent application preferable over a non-provisional patent application?

Does a “poor man’s” patent exist?

What does the term “patent pending” mean?

What is the utility patent application process (USPTO resource)?

What are the time-related deadlines (statutory bars) which are applicable to filing a patent application either domestically at the USPTO or internationally?

Why should a professional patent search be conducted prior to filing a patent application?

How can one perform their own preliminary patent search using free offline and online resources?

How does one obtain patent protection internationally? (Foreign Filing License, Paris Convention filing)?

What is the Patent Cooperation Treaty and when is it advantageous to use for international patent filings?

What is the “patent term” for utility patents and design patents?

What is an “inventor notebook”?

How much does it cost to file a patent application (USPTO Fees)?

How much does it cost to file a provisional patent application (USPTO Fees)?

When is one entitled to small entity status (i.e., reduction of various USPTO fees by 50%)?

If a patent application is filed, can anyone guarantee that a patent grant will be received?

Who should be listed as an inventor of a patent application?

Can a single patent application be used for multiple inventions?

Does a prototype need to be built prior to filing a patent application?

How long does it take the USPTO to examine a patent application?

When is a patent application published (“pre-grant publication”)?

Can a patent application be “kept secret” (i.e., “not published”) while it is examined at the USPTO?

What information must be disclosed to the USPTO (Information Disclosure Statement (IDS))?

What is a patent claim?

What are the advantages and disadvantages of broad patent claims?

What are the advantages and disadvantages of narrow patent claims?

What is an office action?

What is a non-final office action?

What is a continuation application?

What is a restriction requirement?

What is a divisional application?

When does a claim or specification amendment not introduce “new matter” into a patent application?

How does one protect an improvement (or something new) for an invention described in a filed patent application (continuation-in-part application/new matter)?

What are the advantages to conducting an Examiner Interview?

What are patent maintenance fees?

What are the differences and similarities between patent attorneys and patent agents?

Does an Inventor need to use a patent attorney located in their home state?

How does one find a patent attorney?

Can a patent be “renewed”?

What happens if a patent is obtained which covers an improvement over another’s patent (improvement/blocking patent)?

Does the USPTO enforce patents against alleged infringers?

Can a patent infringement lawsuit be initiated with a pending patent application or in an international jurisdiction with a patent issued by the USPTO?

What are “provisional rights”?

What is the source of U.S. patent and copyright law (constitution)?

What are the differences between copyrights and patents?


USPTO Resources

USPTO “Frequently Asked Questions About Patents:  http://www.uspto.gov/faq/patents.jsp

USPTO: General Questions | Invention Help | Patents – Basic Process | Patents – Amendments | Trademarks | Fees & Payments | Glossary | Other Faqs : http://www.uspto.gov/main/faq/

USPTO “Alphabetized, Hyperlinked Glossary of Terms used on the USPTO Website”:   http://www.uspto.gov/main/glossary/index.html

USPTO “Online Chat Transcripts”: http://www.uspto.gov/inventors/independent/chats/faq/index.jsp