january 2003 volume 2 issue 1
whc@whc-law.com
   

Intellectual Property

How To Get a Patent

 


A U.S. patent for an invention is the grant of a property right to the inventor(s), issued by the U.S. Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. To get a U.S. patent, an application must be filed in the U.S. Patent and Trademark Office.

File a Utility Patent Application

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

File a Design Patent Application

Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

File a Plant Patent Application

Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

File a Patent Application Electronically

Use EFS, the USPTO's electronic filing system for patent applications, to submit Utility patent applications, computer readable format (CRF) biosequence listings, and pre-grant publication submissions to the USPTO via the Internet.

NOTE: At this time, EFS does not accept Design applications, New Plant applications, Reissue applications, Provisional applications, International Patent Cooperation Treaty (PCT) applications or Reexamination requests.

For more general information about patents, copyrights, or trademarks and how they can protect your business, e-mail Patrick Callahan at pjc@whc-law.com

 


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