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    FAQs Patent Questions

    Patent
    Question: Any member of the U.S. Patent and Trademark office are prohibited from applying for a patent.

    Answer:

    Officers and employees of the United States Patent and Trademark Office are prohibited by law from applying for a patent or acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent.




    Question: A joint owner of a patent may sell the invention for his or her own profit provided they do not infringe another’s patent rights or the joint owners have a contract

    Answer:
    Any joint owner of a patent, no matter how small the part interest, may make, use, offer for sale and sell and import the invention for his or her own profit provided they do not infringe another’s patent rights, without regard to the other owners, and may sell the interest or any part of it, or grant licenses to others, without regard to the other joint owner, unless the joint owners have made a contract governing their relation to each other.




    Question: Utility patents protects the way an article is used and works and a design patent protects the way an article looks.

    Answer:
    A “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.



    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.

    Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.