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August 24, 2010
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Patent Law News

 

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.

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. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Use EFS, the USPTO's electronic filing system for patent applications, to submit Utility patent applications, Provisional applications, electronic information disclosure statements (eIDS), patent assignments, computer readable format (CRF) biosequencelistings, and pre-grant publication submissions to the USPTO via the Internet. At this time, EFS does not accept Design applications, New Plant applications, Reissue applications, International Patent Cooperation Treaty (PCT) applications or Reexamination requests.


Contact our Delaware Patent Lawyer Now!

 

 
Did You Know?    
 
 
There is a time limit on patent protection.
For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

 


  Newsroom  
 


News about Patent cases in Delaware and nationwide:

Court Case to Determine Rights of Online Journalists
Arguments Set for April 20 in San Jose

San Jose - On April 20, EFF Staff Attorney Kurt Opsahl will argue Apple v. Does – a case with b...

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Statement By Commerce Secretary Donald L. Evans On President’s Intent To Nominate Jon Dudas As Under Secretary For Intellectual Property And Director Of The U.S. Patent And Trademark Office
ctor Of The U.S. Patent And Trademark Office“I am delighted that President Bush has expressed his intent to nominate Jon Dudas as Under Secretary...
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Functions of the United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is an agency of the U.S. Department of Commerce. The role of the USPTO is to grant ...
Read more >


More Patent News >

 
 

Patent Law Terms

 


Tuesday's Term

Notice Of References Cited

Definition:
Also known as a PTO-892 form. A list of relevant references cited by a patent examiner in an Office action.

Enforceability of Patent

Definition:
The right of the patent owner to bring an infringement suit against a party who, without permission, makes, uses or sells the claimed invention.

Application Number (patent)

Definition:
The unique number assigned to a patent application when it is filed. The application number includes a two digit series code and a six digit serial number.

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Patent Law Resources

 


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Patent Lawyer Hot Topics

 
Topics Related to Patents Law:

  • Trademarks & Patents
  • Patent Pending
  • Patent Regulations
  • Invention Patent
  • Patent Infringement Law

More Patent Topics >

Delaware Patent Attorney

 
If you live in the following cities and need an patent attorney you should contact our Patent Attorney as soon as possible:

  • Bear
  • Camden Wyoming
  • Claymont
  • Clayton
  • Dover
  • Dover Afb
  • Felton
  • Georgetown
  • Greenwood
  • Harrington
  • Hockessin
  • Laurel
  • Lewes
  • Magnolia
  • Middletown
  • Milford
  • Millsboro
  • Milton
  • New Castle
  • Newark
  • Rehoboth Beach
  • Seaford
  • Selbyville
  • Smyrna
  • Townsend
  • Wilmington
 


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