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 Application For Invention In Philadelphia
State:
Multi-State
County:
Philadelphia
Control #:
US-003HB
Format:
Word;
PDF;
Rich Text
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FAQ
What can be patented? Able to be used (the invention must work and cannot just be a theory) A clear description of how to make and use the invention. New, or “novel” (something not done before) “Not obvious,” as related to a change to something already invented.
The Patent Process Determine the type of intellectual property you need. Determine if your invention is patentable. Determine what kind of patent you need. Get ready to apply. Submit your application. Work with your examiner. Receive your approval. Maintain your patent.
While ideas alone cannot be patented, you can obtain a patent on an invention that was developed from an idea. Note this: if you pursue a patent, an invention must be actually produced, or at minimum, a detailed description of the invention has to be included with the patent application.
The poor man's patent has become outdated as a result of the change from the “first-to-invent” to the “first-to-file” system. It's not enough to have a good idea. The key is the date of filing, which must be recorded in a patent at the US Patent and Trademark Office (USPTO).
For example, the laws of nature, physical phenomena, and abstract ideas cannot be patented, nor can only an idea or suggestion. Other restrictions include the patenting of inventions exclusively related to nuclear material or atomic energy in an atomic weapon (see MPEP 2104.01).
Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no effective way to protect an idea with any form of intellectual property protection. Copyrights protect expression and creativity, not innovation.
Quick answer YES, whilst patent is pending your idea can be stolen, also even if the patent is granted , the idea could be slightly modified so bypassing the patent.
The invention must be statutory (subject matter eligible) The invention must be new. The invention must be useful. The invention must be non-obvious.
It is not possible to obtain a patent on an existing product because: The inventor has sole ownership of their invention.