Patent FAQ | Frequently Asked Questions Answered
To help provide a resource which answers many frequently asked questions regarding patents, a “Patent FAQ” page has been added to the PresumptionofValidity blog. As indicated on said page, the Patent FAQ will be updated with new items over the comings weeks (and months). The follow items are presently available:
| Patent | What is a Patent | Patentable Subject Matter | Exclusionary Right | Limited Exclusionary Period | USPTO Resources |
| Design Patent | What is a Design Patent | Definition | Duration | USPTO Search | Expedited Examination | Ornamentality vs. Functionality | Primarily Ornamental | Ornamentality – Alternative Designs | Functional Considerations | Hidden Design | Multiple Embodiments | Drawings | USPTO Fees | Large Entity | Small Entity | Timing | Public Disclosure -Loss of Rights | Foreign Priority | Foreign Jurisdictions – Design Patent Grant or Registration Upon Filing | Overlap of Design Patents and Utility Patents | Comparison of Design Patents and Utility Patents | Differences between Design Patents, Trademarks, and Copyright | Infringement |
| Utility Patent | Overview |
| Provisional Patent Application | Overview |
| Provisional Patent Application | Substantive Review | Background | Legal | Advantages | Considerations |
| Provisional Patent Application | When Preferable over Non-Provisional | Introduction | Specific Examples of when a Provisional Patent Application is Advantageous over a Non-Provisional Patent Application |
| Patent Pending | What does the term “patent pending” mean? |
| Utility Patent Application Process | USPTO Resource |
| Time-Related Deadlines | Statutory Bars | Domestic (USPTO) Filing | Foreign Filing | Conclusion |
| International Patent Protection | Foreign Filing License | Patent Application Filing | Petition for Expedited Foreign Filing License | Timing | Absolute Novelty Requirement | Filing a Patent Application Internationally | Patent Cooperation Treaty (PCT Application) | National Phase/Regional Phase | PCT Benefits | Paris Convention Benefits |
| Patent Term | Patent Term Analysis | Utility Patents and Design Patents |
| Inventor Notebooks | Establishing Priority – Reduction to Practice | Failure to Corroborate Evidence – Loss of Priority | Notebook Retention Program | Physical Notebooks | Electronic Notebooks |
| Non-Provisional Patent Application Cost | Overview | Small Entity – Reduced Fees | Large Entity – Fees |
| Provisional Patent Application Cost | Overview | Small Entity – Reduced Fees | Large Entity – Fees |
| Small Entity Status | Reduction of Various USPTO Fees by 50% | Requirements | Reduced Fee Items | Recognizing Change in Status | Improper Small Entity Designation |
| Unpredictability of Patent Grant | Patent Grants are Never Guaranteed |
| Single Patent Application | Multiple Inventions | Single Patent Application CANNOT be Used for Multiple Inventions |
| Invention Prototypes | Overview |
| USPTO Patent Pendency | USPTO Statistics (FY 2009) | USPTO Data Visualization Center-Real Time Data | Traditional Measures | New Pendency Related Measures |
| Non-Publication | Non-Publication Request | Provisional Rights |
| Patent Application Publication | Pre-Grant Publication |
| Information Disclosure Statement (IDS) | IDS | Individuals having a Duty to Disclose Information Material to Patentability | Information which is Material to Patentability | Sources | Timing of Disclosure |
| Broad Patent Claims | Advantages and Disadvantages of Broad Patent Claims | Prior Art | Design Around | Claim Breadth | Duration of Patent Prosecution | Prior Art Rejections | USPTO |
| Narrow Patent Claims | Advantages and Disadvantages of Narrow Patent Claims | Patent Litigation | Patent Prosecution | Continuation Application |
| Office Action | Overview | Process – Prior Art Search and Substantive Review | Applicant Response – Timing and Substance | Telephonic Interview |
| Non-Final Office Action | Overview |
| Prior Art | Overview |
| Continuation Application | Requirements | Advantageous Use | Request for Continued Examination (RCE) | Divisional and Continuation-in-Part Applications |
| Restriction Requirement | Overview |
| Divisional Application | Overview |
| Continuation-in-Part (CIP) Application | Overview |
| Examiner Interviews | Overview |
| Patent Maintenance Fees | Overview | Payment Periods | Grace Periods | Failure to Pay Patent Maintenance Fees – Petition | Petition – Unintentional | Petition – Unavoidable | Public PAIR – Inspect Maintenace Fees for a Patent |
| Patent Attorney vs. Patent Agent | Review of the Differences and Similarities between Patent Attorneys and Patent Agents |
| Patent Attorney Location | Patent Law is a Federal Matter | Out-of-State Attorney may be Retained for Representation before the USPTO |
| Patent Attorney Search | USPTO Patent Attorney and Agent Search |
| Patent Renewal | Patents CANNOT be Renewed |
| Improvement Patent | Improvement Patent / Blocking Patent Analysis |
| Patent Enforcement | USPTO does not Enforce Patents Against Alleged Infringers |
| Provisional Rights | Overview |
| Constitution | Patent Law | Foundation for U.S. Patent and Copyright Law is the Constitution (Art. I, Sec. 8, Cl. 8 ) |
| Copyright and Patent Differences | Copyrights and Patents | Comparison |
In addition to the above, an Intellectual Property Links page was also added to the PresumptionofValidity blog site as indicated below:
| Intellectual Property Links | Patent Search | Patent Resources | Trademark | Copyright | Intellectual Property Organizations | Intellectual Property Law Resources (Laws/Rules/Courts/Treaties/etc.) | Government Intellectual Property Offices |