What do the terms
"patent pending" and
"patent applied for"
mean?
They are used by a
manufacturer or
seller of an article
to inform the public
that an application
for patent on that
article is on file
in the Patent and
Trademark Office.
The law imposes a
fine on those who
use these terms
falsely to deceive
the public. [
Top ]
Is there any
danger that the
Patent and Trademark
Office will give
others information
contained in my
application while it
is pending?
No. All patent
applications are
maintained in the
strictest confidence
until the patent is
issued. After the
patent is issued,
however, the Office
file containing the
application and all
correspondence
leading up to
issuance of the
patent is made
available in the
Files Information
Unit for inspection
by anyone and copies
of these files may
be purchased from
the Office. [
Top ]
May
I write to the
Patent and Trademark
Office directly
about my application
after it is filed?
The Office will
answer an
applicant’s
inquiries as to the
status of the
application, and
inform you whether
your application has
been rejected,
allowed, or is
awaiting action.
However, if you have
a patent attorney or
agent of record in
the application file
the Office will not
correspond with both
you and the
attorney/agent
concerning the
merits of your
application. All
comments concerning
your application
should be forwarded
through your
attorney or agent. [
Top ]
Is it
necessary to go to
the Patent and
Trademark Office to
transact business
concerning patent
matters?
No; most business
with the Office is
conducted by
correspondence.
Interviews regarding
pending applications
can be arranged with
examiners if
necessary, however,
and are often
helpful. [
Top ]
If two
or more persons work
together to make an
invention, to whom
will the patent be
granted?
If each had a share
in the ideas forming
the invention, they
are joint inventors
and a patent will be
issued to them
jointly on the basis
of a proper patent
application. If, on
the other hand, one
of these persons has
provided all of the
ideas of the
invention, and the
other has only
followed
instructions in
making it, the
person who
contributed the
ideas is the sole
inventor and the
patent application
and patent shall be
in his/her name
alone. [
Top ]
If one
person furnishes
all of the ideas to
make an invention
and another employs
him or furnishes the
money for building
and testing the
invention, should
the patent
application be filed
by them jointly?
No. The application
must be signed by
the true inventor,
and filed in the
Patent and Trademark
Office, in the
inventors name. This
is the person who
furnishes the ideas,
not the employer or
the person who
furnishes the money.
[
Top ]
Does
the Patent and
Trademark Office
control the fees
charged by patent
attorneys and agents
for their services?
No. This is a matter
between you and your
patent attorney or
agent in which the
Office takes no
part. To avoid
misunderstanding you
may wish to ask for
estimate charges
for: (a) the search
(b) preparation of
the patent
application, and (c)
Patent and Trademark
Office prosecution.
[
Top ]
Will the
Patent and Trademark
Office help me to
select a patent
attorney or agent to
make my patent
search or to prepare
and prosecute my
patent application?
No. The Office
cannot make this
choice for you.
However, your own
friends or general
attorney may help
you in making a
selection from among
those listed as
registered
practitioners on the
Office roster. Also,
some bar
associations operate
lawyer referral
services that
maintain lists of
patent lawyers
available to accept
new clients. [
Top ]
Will the
Patent and
Trademark Office
advise me as to
whether a certain
patent promotion
organization is
reliable and
trustworthy?
No. The Office has
no control over such
organizations and
does not supply
information about
them. It is
advisable, however,
to check on the
reputation of
invention promotion
firms before making
any commitments. It
is suggested that
you obtain this
information from the
Better Business
Bureau of the city
in which the
organization is
located, or from the
bureau of commerce
and industry or
bureau of consumer
affairs of the state
in which the
organization has its
place of business.
You may also
undertake to make
sure that you are
dealing with
reliable people by
asking your own
patent attorney or
agent or by asking
others who may know
them. [
Top ]
Are
there any
organizations in my
area which can tell
me how and where I
may be able to
obtain assistance in
developing and
marketing my
invention?
Yes. In your own or
neighboring
communities you may
inquire of such
organizations as
chambers of
commerce, and banks.
Many communities
have locally
financed industrial
development
organizations which
can help you locate
manufacturers and
individuals who
might be interested
in promoting your
idea. [
Top ]
Are
there any state
government agencies
that can help me in
developing and
marketing of my
invention?
Yes. In nearly all
states there are
state planning and
development agencies
or departments of
commerce and
industry which seek
new product and new
process ideas to
assist manufacturers
and communities in
the state. If you do
not know the names
or addresses of your
state organizations
you can obtain this
information by
writing to the
governor of your
state. [
Top ]
Can
the Patent and
Trademark Office
assist me in the
developing and
marketing of my
patent?
The Office cannot
act or advise
concerning the
business
transactions or
arrangements that
are involved in the
development and
marketing of an
invention. However,
the Office will
publish, at the
request of a patent
owner, a notice in
the Official Gazette
that the patent is
available for
licensing or sale.
The fee for this is
$25. [
Top ]
Do I have to have a
patent attorney?
You can submit your
own patent
application but we
would not advise it.
The rules of the
USPTO. regarding
exactly how a patent
application should
be are very
specific. Your best
chance for actually
getting awarded a
patent are with the
help of a competent
patent attorney. The
road to getting a
patent is long and
there are pitfalls
that a good attorney
can help you to
avoid. Also, a
patent attorney can
write the claims in
such a way that your
patent is more
likely to be
comprehensive,
affording you more
protection. [
Top ]
