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July 20, 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?    
 
 
You may apply for a patent for your invention.
Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.

 


  Newsroom  
 


News about Patent cases in Montana and nationwide:

Prominent WARF Patent Expert Wins Prestigious National Award
Prominent WARF Patent Expert Wins Prestigious National Award

Patent lawyer Howard Bremer, a pioneer in university-based te...

Read more >


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 >


Consolidated Patent Rules
Business to be transacted in writing:All business with the Patent and Trademark Office should be transacted in writing. The p...
Read more >


More Patent News >

 
 

Patent Law Terms

 


Tuesday's Term

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.

Declaration

Definition:
A document in which an applicant for patent declares, under penalty of fine or imprisonment, or both (18 USC 1001), that he or she is the original or sole inventor.

Common Inventor

Definition:
An inventor whose name is listed on multiple patent applications or granted patents, making the inventions at least partially the work of the same person.

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 >

Montana Patent Attorney

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

  • Belgrade
  • Billings
  • Bozeman
  • Butte
  • Columbia Falls
  • Great Falls
  • Hamilton
  • Havre
  • Helena
  • Kalispell
  • Laurel
  • Libby
  • Livingston
  • Miles City
  • Missoula
  • Polson
  • Whitefish
 


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