Patent applications are published in order to make the public sphere aware of what is seeking patent protection. This means that, if the patent isn't actually granted to the work, the public can learn from the work anyway.
Basically, published patent applications keep others in the industry up-to-date on what kinds of new improvements and ideas are being worked on. This encourages innovation and moving forward throughout all industries.
Patents which are granted are protected under law. If you have a granted patent, no other individual or company is legally allowed to benefit from the work in the following ways:. Licensed manufacturers of the patented work can create, sell, use, and import the work under the rights given to them by the granted patent and license. Granted patents essentially hand the creators and manufacturers of a protected work a monopoly over that work for a set period of time.
Published patent applications for inventions do not give these rights to the creators of works, but simply say that the works might be protected in the future.
If you do have a granted patent on an invention, a manufacturer might want to purchase the rights to create your idea through a patent license , but because the patent has been granted, this can cost the manufacturer lots of money.
Sometimes, manufacturers will try to get licensed while the patent is still in the published application phase and not yet granted. Utility and Plant patent applications can be filled using either a provisional or nonprovisional application. A provisional application is a quick and inexpensive way for inventors to establish a U. Most inventors employ the services of registered patent attorneys or patent agents Additional info on Attorneys and Agents Attorneys and agents with licenses to practice before the USPTO Are you an inventor or small business who has limited resources and needs help applying for a patent on an invention?
I want to file myself Pro Se. Step 5 Patent Electronic Business Center. Contact Patents. Information about Application for Patent Submit your initial application with all the required parts needed for obtaining a filing date and include the correct fee.
Very basic tutorial on Filing a New Application online - Some sample documents, what must be submitted to get a filing date, documents that are also often included in a new application, etc. How to access our online filing and application status systems View the Quick Start Guides and Indexing Guides for basic online filing directions See also resources for filing for a patent online.
First time online filers may also contact the Patents Electronic Business Center for assistance. Resources and Guidance. A collection of policies, procedures, guides, tools and manuals are associated with the patent process.
Examination of Applications. Chapter - Examination of Applications. Office of Stakeholder Outreach and Patents Ombudsman. The Patents Ombudsman Program enhances the USPTO's ability to assist applicants or their representatives with issues that arise during patent application prosecution.
Learn more about patent petitions. Access to petition resources, reference material and FAQs. Patent Electronic Business Center. Patent Trial and Appeal Board. The PTAB is charged with rendering If the examiner does not think your application meets the requirements, the examiner will explain the reason s.
You will have opportunities to make amendments or argue against the examiner's objections. If you fail to respond to the examiner's requisition, within the required time, your application will be abandoned.
If your application is twice rejected, you may appeal the examiner's decision to the Patent Trial and Appeal Board PTAB If your response to a Final Action does not overcome all of the examiner's objections or if any of the claims have been twice rejected. You can consider filing an appeal with the Patent Trial and Appeal Board PTAB If you have chosen legal representation , remember that once an application is filed by a patent attorney or agent, the USPTO will only communicate with the attorney or agent.
Patent Examination Fees Patent Extension of Time Fees Consider an Interview with your examiner - The USPTO encourages examiners to take a proactive approach to examination by reaching out and engaging our stakeholders in an effort to resolve issues and shorten prosecution. The notice of allowance will list the issue fee and may also include the publication fee that must be paid prior to the Patent being issued.
Frequently asked Questions about the Notice of Allowance and the Issue fee. Patent Fee Table - Issuance Fees Utility and reissue patents are issued within about four weeks after the issue fee and any required publication fee are received in the Office. Step 8 Pay your Maintenance Fees. Patent Term Calculator.
Estimate how long before your Patent expires using this Microsoft Excel worksheet. More Patent and Trademark Services. Record an Assignment or name change. Pay Maintenance Fees and Check the Status Maintenance fees are required to maintain a patent in force beyond 4, 8, and 12 years after the issue date for utility and reissue utility patents.
See the Maintain Your Patent page for more information. Name optional. Not Helpful. Send Feedback Cancel. In other words, you have to show that the infringing party definitely knew about your patent application. One way to ensure this requirement is met is to affirmatively make them aware of it, e. Ask about the availability of provisional rights, and what steps might be taken to put any potential infringers on notice.
Contact Us. Facts matter, and every situation is different. In addition, laws and their interpretations change over time and the contents of this article may not reflect these changes. You are strongly advised to consult competent legal counsel regarding your particular situation.
A couple of things happen when your patent application is published: 1. The statute has two requirements: 1. Publication can be avoided only if you specifically request non-publication early in the application process. Requesting non-publication is uncommon, as it requires that you never file any patent applications on this invention outside the US.
It also negates the ability to obtain provisional rights.
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