FAQs Patent Questions
Question:The Official Gazette contains information on Expired patents, Patents reinstated and Reissue Applications
Answer: No. The Official Gazette contains a section at the front of the book called "Patent and Trademark Office Notices." Each week, the following information is published: a. Expired Patents: Patents that expire due to failure to pay required maintenance fees. These patent numbers are published approximately 3 months after expiration. b. Patents Reinstated: Patents reinstated due to the acceptance of a late maintenance fee. c. Reissue Applications: Patents filed as reissues. d. Reexams: Patents requested to be reexamined. e. Certificates of Correction: Patents granted certificates to correct previously published material. f. Summaries of final decisions issued by the Trademark Trial and Appeal Board.
Question:A patent claim listing is required for preliminary amendments present on the filing date.
Answer:
Yes, a claim listing of every claim ever presented in the application is required, even for preliminary amendments present on the filing date of the application. The status identifier, (new), instead of (original), should be used for claims added by a preliminary amendment, even when the preliminary amendment is present on the filing date of the application and the first executed oath or declaration refers to the preliminary amendment.
Question:Can the Patent Office recommend a patent attorney or agent to assist me with filing my application?
Answer:
The U.S. Patent and Trademark Office (USPTO) cannot make this choice for you. However, a general attorney may help you in making a selection from among those listed as registered practitioners on the USPTO roster.
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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.
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