This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Use Can For Sale In Hillsborough
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Multi-State
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Hillsborough
Control #:
US-003HB
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FAQ
In general, patent law only allows for the protection of new, useful, and non-obvious inventions. Thus, if your new use for an existing product is not novel or obvious, it may not be eligible for patent protection.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
While it is impossible to patent an existing product, it certainly is feasible to patent an improvement over an existing product. Below we discuss how non-obvious improvements to an existing product can be patented.
For instance, while a material may conventionally be used as a structural material, its use as a refractory material, or its use as a dielectric material in an electronic device, may be patentable.
A patent is an exclusive right that prevents anyone else from making, using, selling, distributing, importing, or selling your invention without permission for a set period of time. This timeline can extend up to 20 years, depending on the type of patent.
Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth applying because you would have to show that the new use is nonobvious. Even if you believe your use to spectacularly nonobvious, expect an uphill battle.
Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth applying because you would have to show that the new use is nonobvious. Even if you believe your use to spectacularly nonobvious, expect an uphill battle.
Once your provisional patent application is granted, you can identify your invention as patent pending. As the patent owner, you can sell or give your ownership to anyone you want. When the patent expires, your invention becomes available to the public, and anyone can sell, make, or use it from then on.
Utility patent application: may be filed by anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
Format of a Patent Application The Specification. The Title. The Description. The Claims. The Drawings. The Abstract. Sample Specifications. Minimum Requirements for a Filing Date.