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Patent protecting your idea

Page history last edited by PBworks 15 years, 4 months ago

 

Stop !!

...before you do anything else...spend some time looking on http://www.google.com/patents to see if your idea is already taken. Or, if you prefer, you can also look here: US Patent and Trademark office: http://www.uspto.gov

 

 

 


 

 

 

What are the types of intellectual property?

 

 

Business method patent

 

 

 

What is a patent?

 

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. A utility or plant patent in force on June 8, 1995, is subject to either the 17 year term from grant or the 20 year term from earliest effective U.S. filing date, whichever is longer. A design patent term is 14 years from patent grant. The right conferred by the patent grant extends throughout 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.

 

A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit. Prior to filing a patent application, a search of existing patents can be conducted at the USPTO Patent Search Room or at a Patent and Trademark Depository Library in your area. For additional information on patents, you may visit the USPTO Web site at www.uspto.gov/main/patents.htm

 

 

What are the different types of patents?

 

What is the difference between a utility patent and a design patent?

 

A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Upon request, the U.S. Patent and Trademark Office (USPTO) will send information on utility and design patent applications including forms for filing applications. To request this information, you may contact the USPTO Contact Center (UCC) and request to be transferred to the Inventors Assistance Center (IAC). IAC representatives are available Monday through Friday (except federal holidays) from 8:30 a.m. to 5:30 p.m. Eastern Time

 

What is a Patent application? A Provisional patent application?

 

What is Patent prosecution?

 

What is a patent attorney? And do you need one?

 

The U.S. Patent and Trademark Office (USPTO) strongly recommends that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications. For information on registered patent attorneys and agents in your area, you may visit the USPTO's Office of Enrollment and Discipline Web site at http://www.uspto.gov/web/offices/dcom/gcounsel/oed.htm Upon request, the USPTO will send informational materials providing a broad overview of the process of obtaining a United States patent. They will include general requirements and a listing of the Patent and Trademark Depository Libraries. For information on registered patent attorney and agents in your area, you may visit the USPTO's Office of Enrollment and Discipline Web site at www.uspto.gov/go/oed

 

In Florida: http://des.uspto.gov/OEDCI/query.do

 

 

How much does a patent cost?

The current USPTO fee schedule is available on our web site at USPTO Fee Information http://www.uspto.gov/go/fees/index.html

 

 

 

 

How can I find out if my invention is already patented?

 

Public users may perform preliminary searches of patent information in a variety of formats including on-line, microfilm, and print at the United States Patent and Trademark Office (USPTO) Public Search Facility located in Alexandria, VA.

 

State of the art computer workstations provide automated searching of patents issued from 1790 to the current week of issue. Full document text may be searched on U.S. patents issued since 1971 and OCR text from 1920 to 1970. U.S. patent images from 1790 to the present may be retrieved for viewing or printing. Some foreign patent documents are available.

 

A complete patent backfile in numeric sequence is available on microfilm or in optical disc format. Official Gazettes, Annual Indexes (of Inventors), the Manual of Classification and its subject matter index, and other search aids are available in various formats.

 

Patent assignment records of transactions affecting the ownership of patents, microfilmed deeds, and indexes are also available.

 

The Public Search Facility is located in the Madison East building on the first floor at 600 Dulany St., Alexandria, VA 22313. The telephone number is 571-272-3275.

 

Users can access the full-text searchable database containing patent information for all U.S. patents granted since 1976 and all patent application publications (first published in March 2001), on the USPTO web site at www.uspto.gov/go/pats .

 

You may retain a patent attorney or agent to conduct a complete search. For information on registered patent attorneys and agents in your area, you may visit the Office of Enrollment and Discipline web site at http://www.uspto.gov/web/offices/dcom/gcounsel/oed.htm

 

Inventors can also perform a preliminary search of patents at one of the Patent and Trademark Depository Libraries (PTDLs) established throughout the United States. These libraries have copies of patents in microfilm and/or optical disc format arranged in numerical order. They have classification search tools, automated search aids, and photocopy facilities available to the public. For information on your nearest PTDL, you may visit PTDL web site at www.uspto.gov/go/ptdl

 

How do I apply for a patent?

 

 

Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process. Both types of patent applications can be filed either electronically by using the Electronic Filing System (EFS) http://www.uspto.gov/ebc/efs/index.html (for provisional applications, effective January 1, 2002) or in writing to the Commissioner for Patents. You can also request that the U.S. Patent and Trademark Office (USPTO) send informational materials providing a broad overview of the process of obtaining a United States patent, including general requirements and a listing of the depository libraries. For a listing of the information available, visit the USPTO Web site at http://www.uspto.gov/web/offices/ac/ido/oeip/catalog/products/pp-a2n-1.htm

 

 

 

 

 

 

 

 

 

interesting articles to read:

http://money.cnn.com/magazines/business2/business2_archive/2006/07/01/8380232/index.htm?postversion=2006071708

 

 

 

Links from KookyPlan

 

 

 

 

 

 

 

Digg!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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