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Topic: Utility (patent)


  
  PATENT INFORMATION -- NEUSTEL LAW OFFICES, LTD -- REGISTERED PATENT ATTORNEYS
Utility patents are granted for any new, useful and non-obvious process, machine, manufactured article, composition of matter, or any new and useful improvements to any of these types of inventions.
A utility patent application may be filed as a regular patent application or as a provisional patent application.
In exchange for the publication of a patent application, patentees may be able to obtain a reasonable royalty during the period beginning on the date of publication of the application by the USPTO and ending on the date the patent is issued ("provisional rights").
www.patent-ideas.com /patents.htm   (1617 words)

  
 Oklahoma State University Patent and Trademark Library
A patent is a grant issued by the U.S. Government giving an inventor the right to exclude others from making, using or selling his or her invention in the United States for the life of the patent.
A utility patent is awarded for 20 years from the date of filing, except in the case of provisional patents (below).
Application filing fees for a utility patent range depend on whether or not the applicant is entitled to small entity status (independent inventor, small business concern or non-profit organization), if it is filed electronically, and the number of claims.
www.library.okstate.edu /patents/process.htm   (1133 words)

  
 Patent Hawk
Actually, a patent is a negative grant: a patent is enforced as a right to prevent others from practicing a claimed invention.
A utility patent is granted for a new and useful innovation that has practical application.
Considering the value that a patent may have, or the expenses incurred enforcing a patent, hiring a professional prior art searcher to investigate a patent is wise.
www.patenthawk.com   (1277 words)

  
 Saidman DesignLaw Group: Design Patent (Design Protection Tool)
A utility patent "claim" is a numbered paragraph at the end of the patent which describes in words what the inventor regards as his "invention".
Utility patents can be very valuable in that they protect the structure and function of the product described in the claims, plus equivalents.
As a result of it having been examined, a design patent is presumed valid by law, and the alleged infringer has the burden of proving by clear and convincing evidence that the design patent is not novel, is not ornamental, or would have been obvious to a designer of ordinary skill.
www.designlawgroup.com /tools_design_patent.cfm   (2152 words)

  
 Patent Terms: Unavailable Inventor to Utility Patent Application Transmittal Form
Utility: An invention has a well-established utility if (i) a person of ordinary skill in the art would immediately appreciate why the invention is useful based on the characteristics of the invention (e.g., properties or applications of a product or process), and (ii) the utility is specific, substantial, and credible.
Utility Patent: May be granted to anyone who invents or discovers any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
Utility Patent Application Transmittal Form: A Utility Patent Application Transmittal Form (Form PTO/SB/05) or a transmittal letter should be filed with every patent application to instruct the USPTO as to what actual types of papers are being filed (e.g., specification, claims drawings, declaration, information disclosure statement).
www.patenthome.com /patent_terms021.htm   (599 words)

  
 Non-Provisional (Utility) Patent Application, A Guide to Filing
A nonprovisional utility patent application must be in the English language or be accompanied by a translation in the English language, a statement that the translation is accurate and a fee set forth in 37 CFR §1.17(i).
When the self-addressed postcard is submitted with a utility patent application, the USPTO will stamp the postcard being returned to the addressee with both the receipt date and the application number before placing it in the outgoing mail.
Photographs are not ordinarily permitted in utility patent applications.
www.uspto.gov /web/offices/pac/utility/utility.htm   (6603 words)

  
 Eric Hanscom, Attorney at Law: Patent Services and Fees   (Site not responding. Last check: 2007-09-17)
Utility Patent :A utility patent covers “any new and useful process, machine, manufacture or composition of matter or any new and useful improvement thereof”.
A provisional patent is a brief (compared with utility patents) application which gives the inventor one year from date of filing the provisional application to file a full utility patent application.
A provisional patent application is less expensive and easier/quicker to prepare, and will give the inventor one year from date of filing to see whether the invention is going to be enough of a success to warrant filing the more expensive and time-consuming utility application.
www.erichanscom.com /shtml/patents.shtml   (749 words)

  
 Saidman DesignLaw Group
A utility patent is good for 20 years from the day it was first filed, although you must pay the government "maintenance fees" every four years to keep the patent in force.
Since patent applications are preserved in secrecy, at the time of your filing there are around 2-3 years worth of prior applications which are unknown to you yet which could be relevant "prior art" against you when they issue.
Writing a utility patent application is a labor-intensive project, and the extent of labor depends directly on the complexity of the product, and the clarity of your disclosure (i.e., the difficulty your attorney has in explaining the product in the specification).
www.virtualflow.com /designlaw/tools_utility_patent.cfm   (2053 words)

  
 The Patent Process - TIPTON "Tip" RANDALL, Ph.D.
A utility patent can be issued to any person who invents a new, useful, and nonobvious (1) process, (2) machine, (3) manufactured article, (4) composition of matter, or (5) any new and useful improvement to any of these types of inventions.
The provisional patent application expires in 12 months and must be converted to a formal utility patent application to retain the inventor's patent rights in the invention.
To keep a utility patent in force, maintenance fees are due upon the fourth, eighth and twelfth year anniversary of the patent issue date.
www.tiprandall.com /patent1.html   (2158 words)

  
 Utility Patents
Patent Plant: Plant patents are a relatively rare, specialized type of patent for protecting new and non-obvious species of plants.
Patent Validity: The first step in determining the validity of a patent is to check whether the patent term has expired or the maintenance fees have not been paid.
Provisional Applications for Patent: A provisional application for patent is a temporary application that offers a relatively quick and less expensive way (relative to a utility patent application) to officially file an invention disclosure with the U.S. patent office.
www.maineandasmus.com /practice-areas/patents/patent-utility.htm   (592 words)

  
 Utility Patent
Utility patents are designed to protect a variety of new technologies, these include articles of manufacture, manufacturing processes, apparatuses, electronic circuitry, chemical compounds, and mechanical or chemical process, etc. Protection would be denied, however, when the discovery is merely an abstract concept, such as a mathematical theory or a law of nature.
A utility patent application must contain a description of the invention, which is detailed enough to meet the requirements under 35 U.S.C. This means that the instructions in the specification are sufficient to enable a technically trained reader to carry out the invention.
Thereafter a utility patent h as a potential existence until a date twenty years from the filing date, provided maintenance fees are paid when the patent is 3 1/2, 7 1/2; and 11 1/2; years old.
www.newidea.com /bhradm3c.html   (643 words)

  
 Utility Examination Guidelines Docket No. 991027289-0263-02 Dept. of Commerce, US Patent and Trademark Office 5jan01
Inventors are entitled to patents when they have met the statutory requirements for novelty, nonobviousness and usefulness, and their patent disclosure adequately describes the invention and clearly teaches others how to make and use the invention.
When patents for genes are treated the same as for other chemicals, progress is promoted because the original inventor has the possibility to recoup research costs, because others are motivated to invent around the original patent, and because a new chemical is made available as a basis for future research.
That is, if a well-established utility is not readily apparent and an invention is not otherwise supported by an asserted specific, substantial, and credible utility, the burden will be shifted to applicant to show either that the specification discloses an adequate utility, or to show that a well-established utility exists for the claimed invention.
www.mindfully.org /GE/Utility-Examination-Guidelines.htm   (6800 words)

  
 IPWatchdog - Introduction to US Patent Law
There are three types of patents available in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
In determining whether an invention worthy of patent protection does exist, the Constitution requires the invention proffered by the applicant to be new, useful and the embodiment of a scientific advance.
Indeed, in so fashioning the patent laws to enhance the quid pro quo envisioned by the founding fathers, Congress has enacted certain description requirements that certainly further the goals of the Patent Clause, but which are not constitutional requirements in and of themselves.
www.ipwatchdog.com /patent.html   (790 words)

  
 Types of Patent Applications
A provisional patent application is a document that is filed with the USPTO that enables an inventor to establish a filing date for a later filed Utility patent application.
The provisional patent application is normally converted into a utility patent application within one year of its filing date.
The patent statutes require that the provisional patent application be written in a format that makes it ‘enabling’ which is the same requirement for a utility patent application.
www.nwpatents.com /fti04.html   (515 words)

  
 A PRIMER ON THE UTILITY PATENT PROCESS IN THE UNITED STATES
In the United States, the inventor owns the patent rights unless the invention is created in the course of employment or under the terms of an employment contract where the employer is entitled to some or all rights in the invention.
Patent law firms or attorneys may be tasked with competitor watch programs and management of US and foreign patent portfolios for periodic annuities and maintenance payments, as well as with support to management in developing and executing the corporate intellectual property strategic plan.
The patent attorney will prefer to receive a written invention disclosure with drawings, explaining the invention in detail, the problem it solves, the ways in which it is different from prior solutions, any prior art known to the client, an explanation of the client's related business objectives, along with inventors’ names, addresses and citizenship.
www.maineandasmus.com /practice-areas/patents/primer.htm   (1764 words)

  
 Patent Applications (BitLaw)
In those cases where an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having an ownership interest in the invention (such as the inventor's employer) may apply for patent protection on behalf of the missing inventor.
The enablement requirements states that the patent application must describe the invention in such full, clear, concise, and exact terms that any person skilled in the technological area to which the invention pertains will be able to make and use the invention.
When a patent application is examined by the Patent and Trademark Office, it is the claims that the examiner uses to compare the application with the prior art.
www.bitlaw.com /patent/application.html   (1013 words)

  
 Patent Litigation Attorney,Patent litigation lawyer,Patent Litigator
This means, for example, that you can't patent a general mathematical approach to problem solving or a newly discovered skin lotion found in its natural state.
Patent pending is the term given to a invention that has been applied for, but not yet issued.
Patents aren't renewable, and once patented, an invention may not be repatented.
www.meredithkeyhani.com /patent/utility.html   (505 words)

  
 Utility Patent - Design Patent Application - Patent Search
You will be responsible for the initial patent filing fee of $155 and, assuming you are successful in obtaining a patent, the patent "issue fee." The filing fee is to be paid directly to the Commissioner of Patents and Trademarks by you via the patent attorney when the application is filed.
The issue fee on patents is not due until the patent issues, which usually takes 18 months to two years from the date the patent application was filed.
However,you will be responsible for the initial patent filing fee of $375 and, assuming you are successful in obtaining a patent, the "issue fee." The filing fee is paid directly to the Commissioner of Patents and Trademarks by you when the application is filed.
www.synergyusa.com /intellectual_property_phase.asp   (633 words)

  
 Provisional Patent Applications: What Are They?
The total patent period for an an invention therefore may be 21 years (20 yrs for a the utility patent pendency period plus 1 yr.
Generally, a utility patent must include a written description of invention and a set of drawings that adequately support the subject matter recited in the ‘claim section’ in the application.
The written section of the utility patent application, called the Specification, must be sufficiently written in such full, clear, concise and exact terms as to enable any person skilled in the art to which the invention pertains to make and use the invention and set forth the best mode contemplated for carrying out the invention.
www.nwpatents.com /p10.html   (1631 words)

  
 USPTO Utility Patent
nonprovisional utility patent application must be in the English language or be accompanied by a verified translation in the English language and a fee set forth in 37 CFR §1.17(i) [Non-English Specification Fee Code 139].
A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
Utility Patent Application Transmittal Form (Form PTO/SB/05) or a transmittal letter should be filed with every patent application to instruct the USPTO as to what actual types of papers are being filed (e.g., specification, claims drawings, declaration, information disclosure statement).
www.dennisalbert.com /Scoop/USPTO-UtilityPatents.htm   (6518 words)

  
 Patent Search-trademark and utility patent search
The United States Patent and Trademark Office will examine the entire Utility Patent Application and determine which claims to award you based on other patents within the same field and the claims those patents make as compared to the claims that you are making.
A formal patent search should include a study of the claims made in all patents that are in the same field as your invention.
When your patent search results in a positive opinion, a quotation to prepare your patent application* will be included with your packet and you can work directly with the attorney if you choose.
www.inventionuniversity.com /store/patentsearch.htm   (522 words)

  
 Design Patents (BitLaw)
The drawings in a design patent are similar to those in a utility patent, except that design patent drawings are created to show the ornamental features of the invention rather than its utilitarian aspects.
As is the case with a utility patent, an issue fee will be required for issuance of the patent.
An example design patent for the computer industry would be a patent on the look of a computer monitor (such as the Acer monitors), CPU boxes (such as the original Macintosh computers) or peripherals (such as the look of a Global Village modem).
www.bitlaw.com /patent/design.html   (836 words)

  
 Patent - Wikipedia, the free encyclopedia
Patents can generally only be enforced through civil lawsuits (for example, for a US patent, by an action for patent infringement in a United States federal court), although some territories (such as France and Austria) have criminal penalties for wanton infringement.
An important limitation on the ability of a patent owner to successfully assert his or her patent in civil litigation is the accused infringer's right to challenge the validity of that patent.
Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights, usually in return for a royalty or other payment.
en.wikipedia.org /wiki/Patent   (3183 words)

  
 PATENT IN THE UNITED STATES
In order for applying and filing for a patent in the United States you need to provide the Patent Information, send us the USPTO oath of inventors and the Assignment Agreement if required.
Utility Patent is effective for a term of: 20 years (from the filing date)
The Design patent is effective for a term of: 14 years (from the date of issue)
www.patentarea.com /usa_patent_requirements.html   (241 words)

  
 Cost of Utility Patent
Once your applications received by the Patent Office, you will be "Patent Pending" until a patent issues or the case becomes abandoned.
However, we are allowed to argue that the earlier patents are not really pertinent or to word craft the claims to distinguish from them.
When we receive an Office Action, we will send you a copy of the Office Action and patents cited and will ask for your comments and suggestions on how to respond, on the theory that two heads are better than one.
www.123patent.com /utility.html   (389 words)

  
 Utility Patent Details - Patent Attorney (Ventre)
Patent Office fees are twice as much for a large entity, except that the publication fee is the same for both small and large entities.
Typically, the Patent Office examiner sends out an office action rejecting some or all of the claims of the patent application in view of the prior art the examiner has found.
A provisional patent application is valid for 1 year, during which time a regular patent application must be prepared and submitted in order to take advantage of the provisional filing date.
www.lventre.com /details.html   (2135 words)

  
 Patent your invention-utility patent application software
For a limited time, when you use the PatentEase software to produce a U.S. Patent Application, you are entitled to a free review.
PatentEase® software enables do it yourselfers to apply for their own patents using their home PC.
This easy to use yet effective tool includes everything necessary to create your own utility patent.
www.inventionuniversity.com /store/patentease.htm   (158 words)

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