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 Withstand In Pennsylvania
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US-003HB
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In his book, Common as Air: Revolution, Art, and Ownership, author Lewis Hyde explains that Franklin believed that any claim to own his ideas and inventions could only lead to the kind of disputes that “sour one's Temper and disturb one's Quiet.” It was for that reason, Franklin never took a patent or registered a ...
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.
The invention must be statutory (subject matter eligible) The invention must be new. The invention must be useful. The invention must be non-obvious.
The Poor Man's Patent Is Obsolete Being the first to invent will no longer save you is someone else filed first. So even if you did write out the idea for your invention and mailed it to yourself, that date would not matter.
It involves documenting and mailing yourself a description or drawing of your invention in a sealed envelope, to use the postmarked date as the date of invention. Unfortunately, a poor man's patent has limitations because it is not legally recognized and will not hold up in court should a dispute arise.
The Patent Application Process A patent law attorney should be sought out to secure a patent. Applications are submitted to the United States Patent and Trademark Office (USPTO).
While a provisional patent application does not provide any immediate legal protection from infringers, a provisional patent application can preserve your future patent rights in the United States and in foreign countries by establishing an earlier priority filing date.
By filing one patent application with the U.S. Patent and Trademark Office (USPTO), U.S. applicants can concurrently seek protection in up to 143 countries. Learn more about filing an international patent application under the PCT.
Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.
Submit the application to the World Intellectual Property Organization (WIPO) or a national patent office. Your invention is then provisionally protected in all contracting states of the Patent Cooperation Treaty (PCT). The WIPO carries out a search on the state of the art (also known as the prior art).