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February 26, 2010
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Patent Law News

 

How to Get a Patent

 A U.S. patent for an invention is the grant of a property right to the inventor(s), issued by the U.S. Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. To get a U.S. patent, an application must be filed in the U.S. Patent and Trademark Office.

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, 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. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Use EFS, the USPTO's electronic filing system for patent applications, to submit Utility patent applications, Provisional applications, electronic information disclosure statements (eIDS), patent assignments, computer readable format (CRF) biosequencelistings, and pre-grant publication submissions to the USPTO via the Internet. At this time, EFS does not accept Design applications, New Plant applications, Reissue applications, International Patent Cooperation Treaty (PCT) applications or Reexamination requests.


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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.

 


  Newsroom  
 


News about Patent cases in Iowa and nationwide:

Court Case to Determine Rights of Online Journalists
Arguments Set for April 20 in San Jose

San Jose - On April 20, EFF Staff Attorney Kurt Opsahl will argue Apple v. Does – a case with b...

Read more >


Joint Ownership Agreement Patents
Joint OwnershipPatents may be owned jointly by two or more persons as in the case of a patent granted to joint inventors...
Read more >


Documents and Teaching Activities Related to Glidden's Patent for Barbed Wire Now Available Online from the National Archives

Life in the American West was reshaped by a series of patents for a simple tool that helped ranchers tame the land: barbed wire. Nine pate...

Read more >


More Patent News >

 
 

Patent Law Terms

 


Friday's Term

Application (trademark)

Definition:
A document by which a person requests a federal trademark registration. To receive a filing date, an application must include the applicant's name, a name and address for correspondence and the application filing fee.

Defensive publication

Definition:
A publication and disclosure to the public of a pending patent application.

Provisional Patent Application

Definition:
A provisional application for patent is a U. S. national application for patent filed in the USPTO under 35 U.S.C. § 111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.

More Patent Terms >

 

Patent Law Resources

 


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Patent Lawyer Hot Topics

 
Topics Related to Patents Law:

  • Trademarks & Patents
  • Patent Pending
  • Patent Regulations
  • Invention Patent
  • Patent Infringement Law

More Patent Topics >

Iowa Patent Attorney

 
If you live in the following cities and need an patent attorney you should contact our Patent Attorney as soon as possible:

  • Ames
  • Ankeny
  • Bettendorf
  • Burlington
  • Cedar Falls
  • Cedar Rapids
  • Clinton
  • Council Bluffs
  • Davenport
  • Des Moines
  • Dubuque
  • Fort Dodge
  • Iowa City
  • Marion
  • Marshalltown
  • Mason City
  • Muscatine
  • Newton
  • Ottumwa
  • Sioux City
  • Urbandale
  • Waterloo
  • West Des Moines
 


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