FAQs Patent Questions

Question:If two applications are filled for the same patentable invention the Office will determine who is entitled to the patent

Answer:
Occasionally two or more applications are filed by different inventors claiming substantially the same patentable invention. The patent can only be granted to one of them, and a proceeding known as an “interference” is instituted by the Office to determine who is the first inventor and entitled to the patent.

Question:Applicants can reinstate a cancelled claim by presenting the text of the canceled claim with the changes in a new claim

Answer:
Applicant can reinstate a canceled claim by presenting the text of the canceled claim with any desired changes in a new claim with a new claim number and use the status identifier, (new).

Question:What is the difference between a utility patent and a design patent?

Answer:
A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

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