FAQs Patent Questions

Question:A person desiring a patent in a particular country must apply within that country

Answer:
Almost every country has its own patent law, and a person desiring a patent in a particular country must make an application for patent in that country, in accordance with the requirements of that country.

Question:If two applications are filled for the same patentable invention the Office will determine who is entitled to the patent

Answer:
Occasionally two or more applications are filed by different inventors claiming substantially the same patentable invention. The patent can only be granted to one of them, and a proceeding known as an “interference” is instituted by the Office to determine who is the first inventor and entitled to the patent.

Question:The Official Gazette contains information on Expired patents, Patents reinstated and Reissue Applications

Answer:
No. The Official Gazette contains a section at the front of the book called "Patent and Trademark Office Notices." Each week, the following information is published: a. Expired Patents: Patents that expire due to failure to pay required maintenance fees. These patent numbers are published approximately 3 months after expiration. b. Patents Reinstated: Patents reinstated due to the acceptance of a late maintenance fee. c. Reissue Applications: Patents filed as reissues. d. Reexams: Patents requested to be reexamined. e. Certificates of Correction: Patents granted certificates to correct previously published material. f. Summaries of final decisions issued by the Trademark Trial and Appeal Board.

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