This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Application For Invention In Wake
State:
Multi-State
County:
Wake
Control #:
US-003HB
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Word;
PDF;
Rich Text
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FAQ
The Patent Process Determine the type of intellectual property you need. Determine if your invention is patentable. Determine what kind of patent you need. Get ready to apply. Submit your application. Work with your examiner. Receive your approval. Maintain your patent.
While ideas alone cannot be patented, you can obtain a patent on an invention that was developed from an idea. Note this: if you pursue a patent, an invention must be actually produced, or at minimum, a detailed description of the invention has to be included with the patent application.
The poor man's patent has become outdated as a result of the change from the “first-to-invent” to the “first-to-file” system. It's not enough to have a good idea. The key is the date of filing, which must be recorded in a patent at the US Patent and Trademark Office (USPTO).
Patent Requirements The invention must be statutory (subject matter eligible) The invention must be new. The invention must be useful. The invention must be non-obvious.
The Value of Patenting: Despite the costs, obtaining a patent can offer valuable protection for your invention. It gives you the exclusive right to make, use, sell, and import the product, which can be critical for a small business trying to establish itself in the market.
Technically, yes, you can sell an idea to a company without a patent.
Under the “first to file” system, there exists no value in obtaining a Poor Man's Patent since it now only matters who filed for the patent first and not who came up with the idea first. Essentially, a Poor Man's Patent has about as much value today as the postage affixed to the envelope.
Types of patents. There are three types of patents: utility, design and plant. Utility and plant patent applications can be provisional and nonprovisional. Provisional applications may not be filed for design inventions.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.