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 ]
