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February 06, 2012
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Patent Law News

 

How to Get a Patent

 A U.S. patent for an invention is the grant of a property right to the inventor(s), issued by the U.S. Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. To get a U.S. patent, an application must be filed in the U.S. Patent and Trademark Office.

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Use EFS, the USPTO's electronic filing system for patent applications, to submit Utility patent applications, Provisional applications, electronic information disclosure statements (eIDS), patent assignments, computer readable format (CRF) biosequencelistings, and pre-grant publication submissions to the USPTO via the Internet. At this time, EFS does not accept Design applications, New Plant applications, Reissue applications, International Patent Cooperation Treaty (PCT) applications or Reexamination requests.


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Did You Know?    
 
 
A patent protects your invention.
A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

 


  Newsroom  
 


News about Patent cases in New York and nationwide:

Court Case to Determine Rights of Online Journalists
Arguments Set for April 20 in San Jose

San Jose - On April 20, EFF Staff Attorney Kurt Opsahl will argue Apple v. Does – a case with b...

Read more >


Leaders of the Worlds’ Three Major Patent Offices Sign Memorandum of Understanding

Heads of the Department of Commerce’s United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the Ja...

Read more >


Documents and Teaching Activities Related to Glidden's Patent for Barbed Wire Now Available Online from the National Archives

Life in the American West was reshaped by a series of patents for a simple tool that helped ranchers tame the land: barbed wire. Nine pate...

Read more >


More Patent News >

 
 

Patent Law Terms

 


Monday's Term

Annex F

Definition:
Written specifications of the application-body document type definition agreed to by the USPTO, WIPO, EPO, and JPO.

Application Number (patent)

Definition:
The unique number assigned to a patent application when it is filed. The application number includes a two digit series code and a six digit serial number.

ISR

Definition:
International Search Report (Form PCT/ISA/210), produced by an International Searching Authority, is a report listing citations of published documents that might affect the patentability of the invention.

More Patent Terms >

 

Patent Law Resources

 


Search Patent resources in our resource center:

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Patent Lawyer Hot Topics

 
Topics Related to Patents Law:

  • Trademarks & Patents
  • Patent Pending
  • Patent Regulations
  • Invention Patent
  • Patent Infringement Law

More Patent Topics >

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