Intellectual Property Law
The role of the Patent and the Trademark Office is to provide patent protection for inventions and to register trademarks
DEFINITIONS
A patent for an invention is a grant of a property right by the Government to the inventors, acting through the Patent and Trademark Office. The term of the patent is 17 years from the date the patent is granted, subject to the payment of maintenance fees.
The right conferred is the right to exclude others from making, using, or selling the invention.
A copyright protects the writings of an author against copying. The copyright goes to the form of expression rather than to the subject matter of the writing.
A trademark relates to any word, name symbol or device which is used in trade with goods to indicate the source or origin of the goods and to distinguish them from the goods of others.
PATENT LAWS
The Constitution of the Unites States gives Congress the power to enact laws relating to patents. The patent law specifies the subject matter for which a patent may be obtained and the condition for patentability.
WHAT CAN BE PATENTED
Any person who invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvements thereof, may obtain a patent, subject to the conditions and requirement of the law.
A complete description of the actual machine or other subject matter sought to be patented is required.
NOVELTY AND OTHERS CONDITIONS FOR OBTAINING A PATENT
If the invention has been described in a printed publication or if it has been in public use or sale in the country before the date that the applicant made his invention, a patent cannot be obtained. And a valid patent cannot be obtained if the appellant don’t apply for a patent before one year.
THE UNTITED STATES PATENT AND TRADEMARK OFFICE
It examines applications for patents to determine if the applicants are entitled to patents under the law, and grants the patents when they are so entitled. It published issued patents and various publications concerning patents.
APPLICATION FOR PATENT
The oath or declaration of the applicant is required by law. The inventor must make an oath or declaration that he she believes himself herself to be the original and first inventor of the subject matter of the application.
The filing fee of an application consists of a basic fee and additional fees.
SPECIFICATION (description and claim)
The specification must include a written description of the invention and of the manner and process of making and using it.
The claims are brief descriptions of the subject matter of the invention, eliminating unnecessary details and reciting all essentials features necessary to distinguish the invention from what is old.
EXAMINATION OF APPLICATIONS AND PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE
- Office action : The applicant is notified in writing of the examiner’s decision by an "action" which is normally mailed to the attorney or agent
- Applicant’s Response : The applicant must request reconsideration in writing, and must distinctly and specifically point out the supposed errors in the examiner’s action
- Final rejection : The applicant's response is then limited to appeal in the case of rejection of any claim and further amendment is restricted.
