IP Professionals

For obtaining a utility patent, the applicant has to make an application. The applicant should decide that the applied patent is to be protected in United State or Globally. In case of global, international protection is required for such patent.  The applicant has to make application either for provisional basis o non provisional basis. However the applicant can make application through electronic filing by himself or through a Registered Attorney or Agent.  Ensure to pay necessary application processing fees to get Customer Number and Digital Certificate.

The USPTO i.e. United States Patent and Trade Mark office examines the application and status of the application can be checked online. In case the application is allowed, the applicant has to be issue fee and fee publication fee for the subjected patent. On the other hand, the USPTO may send objections to reject the application. However, the applicant can submit replies so that the application allowed. Finally USPTO grants the patent.

Typically many companies introduce the product to the public, thinking that more publicity required getting patent. But in practice, the patent laws do not allow to get valid patent if such invention is put in use or sale to the public for a period of more than one year. In other words, patent will not be granted if the product is already use or sale with public for a year or more. The inventors can apply for any type of patent i.e. Utility patents, design patents and Plant Patens.  The U.S. Government i.e. USPTO grants the patent rights to the inventor for a term of 20 years from date of filing. After the expiry of the term, the property right becomes public domain.  However the inventor can sell right or interest to anyone through assignment. In case of infringement, civil remedies available under federal law. Interestingly, no criminal penalties attached in such infringement of patents.

The patent granted by United States protects the invention in U.S. only. If a person interested the protection in global, a valid license must be obtained from the Commissioner of Patents and Trade Marks. It should be obtained before filing patent application in another country. However no license is necessary if the patent application is being filed in another country after six months of the filing in United States.