Free Patent Info

BASIC FACTS ABOUT PATENTS

You have a great idea, and you think you need a patent. What do you need to know? Here are the answers to some of the most frequently asked questions about getting a patent. If you need more specific information,
call 1-800-PTO-9 199.

What is a patent?

A patent is granted by the Government to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States."

There are three types of patents:

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matter, or any new useful improvement thereof.

Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Plan ~ patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Methods of doing business, a mere idea or suggestion, or printed matter cannot be patented.

How long does patent protection last?

Utility and plant patents are granted for a term which begins on the date of the grant and ends 20 years from the date the patent application was first filed. Design patents are granted for a term of 14 years from the date of the grant. A patent holder loses exclusive rights to the invention when the term expires or when periodic maintenance fees are not paid.

Who owns the patent rights?

Patents are granted only to the true inventor, who may sell all or part of his/her interest in the patent application or patent to anyone by a properly worded assignment. Only the true inventor may apply for a patent with the U.S. Patent and Trademark Office.

How do I get a patent?

Inventors should apply in writing to the Commissioner of Patents and Trademarks using one of two types of patent applications:

A non provisional application, which begins the examination process that may lead to a patent, must include:

1. a specification (a satisfactory description of the invention with at least one claim),

2. a drawing where necessary, and

3. an oath or declaration.

The application must be accompanied by the filing

fee required by law.

A provisional application establishes a filing date but does not begin the examination process. It provides the inventor with a one-year period to further develop the invention, determine marketability, acquire funding or capital, or seek licensing agreements. To obtain a patent, the inventor must file a non provisional application within 12 months of the filing date of the provisional application.

A provisional application must include:

1. a cover sheet identifying the application as a provisional application, the name of the inventor, and other bibliographic data;

2. a partial type of specification (a satisfactory description without claims); and

3. a drawing where necessary.

The application must be accompanied by the filing fee required by law.

Both types of applications are held in confidence and may be used to apply for either a utility or a plant patent. An application for a design patent must be filed as a non provisional application.

The terms "patent pending" or "patent applied for" may be used by a manufacturer or seller of an article to inform the public that a pending provisional or non provisional application for that article is on file. The law imposes a fine on those who use these terms falsely.

A valid patent may not be obtained if the invention was in public use or on sale in this country for more than one year prior to the filing of a patent application. Your own use and sale of the invention for more than a year before the application is filed will also bar the right to a patent.

How much does it cost to get a patent?

The cost for a patent varies by type of patent, whether the applicant is a small entity (individual inventor, nonprofit organization, or a small business concern) or a corporation, and several other factors. For a utility patent, the basic filing fee, the issue fee, and the maintenance fees during the patent term would total approximately $4,000 for a small entity. Charges for design and plant patents are slightly lower. Fees are adjusted annually.

Do I need to hire a lawyer?

The patent application process can be complex, and the Patent and Trademark Office cannot assist in the preparation of application papers. We strongly advise prospective applicants to engage the services of a patent attorney or agent. Although the Office cannot recommend any particular attorney or agent and does not control their fees, we do maintain a roster of approximately 17,000 patent attorneys and agents registered to practice before the US Patent and Trademark Office. This roster is available for inspection at Patent and Trademark Depository Libraries, for sale by the Superintendent of Documents (see list of publications on page 7), or on our World Wide Web site ((((http://www.uspto.gov ).).

Applicants may also consult local telephone directories for the names of patent attorneys or agents in their area.

What about patent promotion organizations?

The Patent and Trademark Office has no control over, and does not maintain information about patent promotion organizations. If you are thinking of using one of these organizations, it is advisable to check on the reputation of any firm before making any commitments by consulting the Better Business Bureau in your area or asking your patent attorney or agent.

How do I get help marketing my invention?

The Patent and Trademark Office cannot assist in the development and marketing of an invention, but will publish, at a patent owner's request and expense, a notice in the weekly Official Gazette that the patent is available for licensing or sale. You may want to consult chambers of commerce, banks, industrial development organizations, or similar groups for help in promoting your invention. Consult directories in your local library or write to state authorities for names and addresses of such organizations.

Is my patent good in foreign countries?

A US patent protects your invention in this country only. Normally, a license must be obtained from the Commissioner of Patents and Trademarks before you can file for a patent in another country, unless that filing occurs more than 6 months after the filing in this country. In that case, no license is necessary unless you are informed otherwise by the Patent and Trademark Office.

Do I need to do a patent search before I apply?

Many inventors do make a search of issued patents to be sure that someone else has not already patented their idea. You may do this, or you may hire someone to do it for you, at the Patent Search Room of the Patent and Trademark Office in Arlington, Virginia. The Search Room is open to the public from 8 a.m. to 8 p.m. Monday through Friday, except Federal holidays. The Office's Scientific and Technical Information Center, which contains a vast collection of technical literature, is also open to the public. A Files Information Unit is also available where the public may inspect open records, such as those for issued patents, and applicants and their attorneys may examine their own cases.

Collections of patents and patent-related materials may also be examined at Patent and Trademark Depository Libraries (PTDL's) throughout the country.

Patent and Trademark Depository Libraries

State City Library Telephone

Alabama ~ burn University: Ralph Brown Draughon Library 334-844- 1747

Birmingham Public Library 205-226-3620

Alaska Anchorage: Z. J~ Loussac Public Library, Anchorage Municipal Libraries 907-562-7323

Arizona * Tempe: Noble Science and Engineering Library, Arizona State University 602-965-7010

Arkansas * Little Rock: Arkansas State Library 501-682-2053 California * Los Angeles Public Library 213-228-7220

Sacramento: California State Library 916-654-0069

San Diego Public Library 619-236-5813

* San Francisco Public Library 415-557-4500

Center for Innovation, Invention & Ideas .

Colorado Denver Public Library 303-640-6220

Connecticut Hartford Public Library 860-543-8628

New Haven Free Public Library ~--.

Delaware Newark: University of Delaware Library 302-831-2965 District of Columbia Washington: Founders Library, Howard University 202-806-7252 Florida * Fort Lauderdale: Broward County Main Library 954-357-7444 * Miami-Dade Public Library 305-375-2665 Orlando: University of Central Florida Libraries 407-823-2562

Tampa Campus Library, University of South Florida 813-974-2726 Georgia Atlanta: Library & Information Center, Georgia Institute of Technology 404-894-4508 Hawaii * Honolulu: Hawaii State Library ⁸⁰⁸-⁵⁸6-3t77

Idaho Moscow: University ~ Library 208-885-6235

Illinois Chicago Public Library 312-747-4450

Springfield Illinois State Library 217-782-5659

Indiana Indianapolis-Marion County Public Library 317-269-1741 West Lafayette: Siegesmund Engineering Library, Purdue University 765-494-2872

Iowa Des Moines: State Library of Iowa 515-281-4118 Kansas * Wichita: Ablah Library, Wichita State University 316-978-3155

Kentucky * Louisville Free Public Library 502-574-1611

Louisiana Baton Rouge: Troy H. Middleton Library, Louisiana State University 225-388-8875

Maine Orono: Raymond H. Fogler Library, University of Maine 207-581-1678

Maryland College Park: Engineering and Physical Sciences Library, University of MD 301-405-9157

Massachusetts Amherst: Physical Sciences and Engineering Library, University of Massachusetts 413-545-1370

* Boston Public Library 617-536-5400 Ext.265 .

Michigan Ann Arbor: Media Union Library, The University of Michigan 734-647-5735

Big Rapids: Abigail S. Timme Library, Ferris State University 616-592-3602

Detroit: Great Lakes Patent and Trademark Center,

Detroit Public Library

Minnesota * Minneapolis Public Library & Information Center

Mississippi Jackson: Mississippi Library Commission

Missouri * Kansas City: Linda Hall Library

* St. Louis Public Library

Denotes APS-Text Access

** Denotes Partnership PTDL 313-833-3379

612-630-6120

601-359-1636

816-363-4600

314-241-2288 Ext. 390 PTDL program information is also found on the Internet at http://www.uspto.gov

State City Library Telephone

Montana Butte: Montana Tech of the University of Montana Library 406-496-4281

Nebraska * Lincoln: Engineering Library, University of Nebraska-Lincoln 402-472-3411 Nevada Reno: University Library, University of Nevada-Reno 702-784-6500 Ext. 257 New Hampshire Concord: New Hampshire State Library 603-271-2239

New Jersey Newark Public Library of 973-733-7779

Piscataway: Library of Science and Medicine, Rutgers University 732-445-2895

New Mexico Albuquerque: Centennial Science and Engineering Library,

The University of New Mexico 505-277-4412

New York Albany: New York State Library 518-474-5355

* Buffalo and Erie County Public Library 716-858-7101

New York: Science, Industry and Business Library, New York Public Library 212-592-7000

Stony Brook: Engineering Library, State University of New York 516-632-7148

North Carolina * Raleigh: D. H. Hill Library, North Carolina State University 919-515-2935

North Dakota Grand Forks: Chester Fritz Library, University of North Dakota 701-777-4888

Ohio Akron-Summit County Public Library 330-643-9075

Cincinnati: The Public Library of Cincinnati and Hamilton County 513-369-6971

* Cleveland Public Library 216-623-2870

Columbus: Ohio State University Libraries 614-292-6175

* Toledo/Lucas County Public Library 419-259-5212

Oklahoma * Still water: Oklahoma State University 405-744-7086

Oregon Portland: Lewis & Clark College 503-768-6786

Pennsylvania * Philadelphia: The Free Library of 215-686-5331

Pittsburgh: The Carnegie Library of 412-622-3138

University Park: Pattee Library, Pennsylvania State University 814-865-4861

Puerto Rico Mayaguez: General Library, University of Puerto Rico 787-832-4040 Ext. 3459

Rhode Island Providence Public Library 401-455-8027

South Carolina Clemson: R. M. Cooper Library, Clemson University 864-656-3024

South Dakota Rapid City: Devereaux Library, South Dakota

School of Mines and Technology 605-394-1275

Tennessee Memphis & Shelby County Public Library & Information Center 901-725-8877

Nashville: Stevenson Science and Engineering Library, Vanderbilt University 615-322-2717

Texas Austin: McKinney Engineering Library, The University of Texas at Austin 512-495-4500

* College Station: Sterling C. Evans Library, Texas A&M University 409-845-3826

* Dallas Public Library 214-670-1468

Houston: The Fondren Library, Rice University 713-527-8101 Ext. 2587

Lubbock: Texas Tech University Library 806-742-2282

Utah * Salt Lake City: Marriott Library, University of Utah 801-581-8394

Vermont Burlington: Bailey/Howe Library, University of Vermont 802-656-2542

Virginia * Richmond: James Branch Cabell Library, VA Commonwealth University 804-828-1104

Washington * Seattle: Engineering Library, University of Washington 206-543-0740

Virginia * Morgantown: Evansdale Library, West Virginia University 304-293-2510 Ext. 5113

Wisconsin Madison: Kurt F. Wendt Library, University of Wisconsin-Madison 608-262-6845

Milwaukee Public Library 414-286-3051

Wyoming Casper: Natrona County Public Library 307-237-4935

Denotes APS-Text Access

Denotes Partnership PTDL

PTDL program information is aiso found on the Internet at hrp://www.uspto.gov

Patent and Trademark Publications Available from the

Superintendent of Documents

General Information Concerning Patents. A handbook of general information concerning the application for and granting of patents expressed in nontechnical language. $2.25 each; stock number

003-004-00670-6.

Patent Attorneys and Agents Registered to

Practice Before the US. Patent and Trademark

Office. Listed alphabetically and geographically.

$31.00; stock number 003-004-00674-9.

Patent Official Gazette. The official journal of the U.S. Patent and Trademark Office relating to patents. Issued each Tuesday, simultaneously with the weekly issuance of patents, it contains a selected figure of the drawings and a claim of each patent granted, indexes of patents, list of patents available for license or sale, and general information, such as orders, notices, and changes in rules and classification. Annual subscription: $617.00 or $754.00 priority first class ($771.25 for foreign mailing). Single copy $41.00 ($51.25 foreign); stock number 703-033-00000-8.

Trademark Official Gazette. The official journal of the U.S. Patent and Trademark Office relating to trademarks. Published every Tuesday, it contains an illustration of each trademark published for opposition, a list of trademarks registered, classified list of registered trademarks and Office notices. Annual subscription $460.00 ($575.00 for foreign mailing). Single copy 820.00 ($25.00 foreign); stock number 703-034-00000-4.

Annual Indexes of Patents and Trademarks.

An index of the patents issued each year is published in two volumes, one an alphabetical

index of patentees/assignees and the other an index by subject matter of invention. The two parts are sold separately. Prices and stock numbers vary from year to year. Call for current information.

An annual index of trademarks contains an alphabetical index of trademark registrants, registration numbers, dates published, classification of goods for which registered, and decisions published during the calendar year. Prices and stock numbers vary from year to year. Call for current information.

Manual of Classification. A loose-leaf volume listing the numbers and descriptive titles of more than 400 classes and 200,000 subclasses used in the subject classification. Substitute and additional pages, which are included in the subscription service, are issued periodically. Subscription $104.00 ($130.00 for foreign mailing); stock number 903-006-00000-5.

Manual of Patent Examining Procedure. A loose-leaf reference manual that is used by the Patent Examining Corps. Subscription service includes basic manual, quarterly revisions, and change notices. Subscription $97.00 ($121.25 for foreign mailing); stock number 903-007-00000-1.

Trademark Manual of Examining Procedures.

$19.00 ($23.75 for foreign mailing); stock number

903-010-00000-2.

37 Code of Federal Regulations - Patents, Trademarks, Copyrights, includes rules of practice in patent matters. $20.00; stock number 869-026-00139-1.