FAQs Patent Questions

Question:Will the USPTO help me to select a patent attorney or agent to make my patent search or to prepare and prosecute my patent application?

Answer:
No. The Office cannot make this choice for you. However, your own friends or general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers available to accept new clients.

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:An inventor faces possible loss of benefits during his two-year retention period.

Answer:
The two-year retention period is not a “grace period” during which the inventor can wait to file his or her patent application without possible loss of benefits. It must be recognized that, in establishing priority of invention, an affidavit or testimony referring to a Disclosure Document must usually also establish diligence in completing the invention or in filing the patent application after the filing of the Disclosure Document.

Bookmark:           
Permalink:  http://S-0.ORG/tHrtZwQ

Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.