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  1. Applying for Patents. In filing a patent application and paying required fees, the USPTO provides forms and an electronic filing tool. You may also wish to find a patent attorney or agent to help draft the required description of the invention and claims, and any required drawings. This page provides information on the types of patents and ...

    • What Is Intellectual Property?
    • What Is A Patent?
    • How Long Is A Patent valid?
    • What Can Be Patented?
    • Who May Apply For A Patent?
    • What About Foreign Applicants For U.S. Patents?

    IP is creative works or ideas embodied in a form that can be shared or enable others to recreate, emulate, or manufacture them. Patents, trademarks, copyrights, and trade secrets are different types of IP. The USPTO grants patents and registers trademarks, while copyrights are registered by the U.S. Copyright Office(link is external)at the Library ...

    A U.S. patent gives you, the inventor, the right to “exclude others from making, using, offering for sale, or selling” an invention or “importing” it into the U.S. A plant patent gives you additional rights on the “parts” of plants (e.g., a plant patent on an apple variety would include rights on the apples from the plant variety). What is granted ...

    Utility and plant patents have a term for up to 20 years from the date the first non-provisional application for patent was filed. A design patent is granted for a term of 15 years from the date of grant. You will need to pay maintenance fees on a certain schedule after the utility patent is issued in order to keep it in force. Under certain unusua...

    Legally, a utility patent may cover “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” A design patent may cover “any new, original, and ornamental design for an article of manufacture,” and a plant patent may cover a “distinct and new variety of plant, including cultivated sport...

    You (the inventor) or your legal representative may apply for a patent, with some exceptions. These include if the inventor has died, is legally incapacitated, refuses to apply, or cannot be found. Two or more people inventing something together may apply for a patent as joint inventors. A person (e.g., a company) to whom an inventor has assigned a...

    You may apply for a U.S. patent whether you’re a U.S. citizen or not. No U.S. patent can be issued if, before you apply in the United States, the invention was patented abroad by you or your legal representative and if the foreign application was filed more than 12 months before the U.S. filing. Six months are allowed in the case of designs. Foreig...

    • Get ready to apply. Contact Patents. Contact information for USPTO resources accessible at all stages of the patent process. Filing a patent application on your own.
    • File your application. Filing a patent application on your own. Provides outreach and education for independent inventors who file patent applications without the assistance of a registered patent attorney or agent.
    • Application prosecution. Filing a patent application on your own. Provides outreach and education for independent inventors who file patent applications without the assistance of a registered patent attorney or agent.
    • Receive your patent. Inventors Assistance Center. Provides patent information and services to the public. Staffed with experienced examiners who answer general questions about patent examining policy and procedures.
  2. So, basically you would have a first U.S. provisional and then 12 months later you will file a P.C.T., and then after 30 months from the provisional, you will need to decide in what countries you want to pursue protection by entering national phase, so converting your P.C.T. into regional patents.

  3. Jul 9, 2019 · U.S. patent law states that an invention can't be patented if it is already available to the public before the application is filed, or if another patent or patent application was filed describing the same claimed invention. Whether you're filing a design or utility patent, the USPTO operates on the "first to file" principle.

    • Sean Peek
  4. Feb 26, 2024 · 4. Drafting a Patent Application. Once you have determined the type of patent you need and completed the prior art search, the next step is to draft a patent application. This includes preparing a detailed description of your invention and its use and a set of claims defining the scope of the protection you seek. Make sure to include:

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  6. The U.S. Patent and Trademark Office (USPTO) is the agency responsible for granting U.S. patents and registering trademarks.

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