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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.
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.
Definition:
A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services.
Counterpart
Definition:
An application filed in a foreign patent office that is substantially similar to (like) the patent application filed with the USPTO and is based upon some or all of the same invention.
EFS-ABX
Definition:
Electronic Filing System – Application Body eXtensible Markup Language authoring tool.
If you live in the following cities and need an patent attorney you should contact
our Patent Attorney as soon as possible:
Ahuimanu
Aiea
Aliamanu
Ewa Beach
Halawa
Hilo
Honolulu
Kahului
Kailua
Kaneohe
Kaneohe Station
Kapaa
Kihei
Lahaina
Makaha
Makakilo City
Mililani Town
Nanakuli
Pearl City
Schofield
Barracks
Wahiawa
Waianae
Wailuku
Waimalu
Waipahu
Waipio
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