Return To Section Contents
<<<Previous Page |
Page1 |Page2 |Page3 |Page4 |Page5 |Page6 |Page7 |Page8 |Page9 |Page10 |Page11 |Page12 |Page13 |Page14 |Page15 |Page16 |Page17 |Page18 |Page19 |Page20 |Page21 |Page22 |Page23 |
ar officer of the United States, the oath
being attested in all cases by the proper official seal of the
officer before whom the oath is made.
When the oath is taken before an officer in the country
foreign to the United States, all the application papers
(except the drawing) must be attached together and a ribbon
passed one or more times through all the sheets of the
application, and the ends of the ribbons brought together under
the seal before the latter is affixed and impressed, or each
sheet must be impressed with the official seal of the officer
before whom the oath was taken.
If the application is filed by the legal representative
(executive, administrator, etc.) of a deceased inventor, the
legal representative must make the oath or declaration.
When a declaration is used, the ribboning procedure is not
necessary, nor is it necessary to appear before an official in
connection with the making of a declaration.
A foreign applicant may be represented by any patent
attorney or agent who is registered to practice before the
United States Patent and Trademark Office.
Answers to Questions Frequently Asked
1. Q. What do the terms "patent pending" and "patent applied
for" mean?
A. They are used by a manufacturer or seller of an article to
inform the public that an application for patent on that
article is on file in the Patent and Trademark Office. The
law imposes a fine on those who use these terms falsely to
deceive the public.
2. Q. Is there any danger that the Patent and Trademark Office
will give others information contained in my application while
it is pending?
A. No. All patent applications are maintained in the strictest
secrecy until the patent is issued. After the patent is
issued, however, the Office file containing the application
and all correspondence leading up to issuance of the patent
is made available in the Files Information Room for
inspection by anyone, and copies of these files may be
purchased from the Office.
3. Q. May I write to the Patent and trademark Office directly
about my application after it is filed?
A. The Office will answer an applicants inquiries as to the
status of the application, and inform you whether your
application has been rejected, allowed, or is awaiting
action. However, if you have a patent attorney or agent the
Office will not correspond with both you and the attorney
concerning the merits of your application. All comments
concerning your application should be forwarded through your
attorney or agent.
4. Q. Is it necessary to go to the Patent and Trademark Office
to transact business concerning patent matters?
A. No; most business with the Office is conducted by
correspondence. Interviews regarding pending applications
can be arranged with examiners if necessary, however, and
are often helpful.
5. Q. If two or more persons work together to make an
invention, to whom will the patent be granted?
A. If each had a share in the ideas forming the invention, they
are joint inventors and a patent will be issued to them
jointly on the basis of a proper patent application. If on
the other hand one of these persons has provided all of the
ideas of the invention, and the other has only followed
instructions in making it, the person who contributed the
ideas is the sole inventor and the patent application and
patent shall be in his name alone.
6. Q. If one person furnishes all of the ideas to make an
invention and another employs him or furnishes the money for
building and testing the invention, should the patent
application be filed by them jointly?
A. No. The application must be signed by the true inventor, and
filed in the Patent and Trademark Office, in the inventors
name. This is the person who furnishes the ideas, not the
employer or the person who furnishes the money.
7. Q. Does the Patent and Trademark Office control the fees
charged by patent attorneys and agents for their services?
A. No. This is a matter between you and your patent attorney or
agent in which the Office takes no part. To avoid
misunderstanding you may wish to ask for estimate charges
for: (a) the search (b) preparation of the patent
application, (c) Patent and Trademark Office prosecution.
8. Q. Will the Patent and Trademark Office help me to select a
patent attorney or agent to make my patent search or to prepare
and prosecute my patent application?
A. 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.
9. Q. Will the Patent and Trademark Office advise me as to
whether a certain patent promotion organization is reliable and
trustworthy?
A. No. The Office has no control over such organizations and
does not supply information about them. It is advisable,
however, to check on the reputation of invention promotion
firms before making any commitments. It is suggested that
you obtain this information by inquiring of the Better
Business Bureau of the city in which the organization is
located, or of the bureau of commerce and industry or bureau
of consumer affairs of the state in which the organization
has its place of business. You may also undertake to make
sure that you are dealing with reliable people by asking
your own patent attorney or agent or by inquiry of others
who may know them.
10. Q. Are there any organizations in my area which can tell me
how and where I may be able to obtain assistance in developing
and marketing my invention?
A. Yes. In your own or neighboring communities you may inquire
of such organizations as chambers of commerce, and banks.
Many communities have locally financed industrial
development organizations which can help you locate
manufacturers and individuals who might be interested in
promoting your idea.
11. Q. Are there any state government agencies that can help me
in developing and marketing of my invention?
A. Yes. In nearly all states there are state planning and
development agencies or departments of commerce and industry
which seek new product and new process ideas to assist
manufacturers and communities in the state. If you do not
know the names or addresses of your state organizations you
can obtain this information by writing to the governor of
your state.
12. Q. Can the Patent and Trademark Office assist me in the
developing and marketing of my patent?
A. The office cannot act or advise concerning the business
transactions or arrangements that are involved in the
development and marketing of an invention. However, the
Office will publish, at the request of a patent owner, a
notice in the Official Gazette that the patent is available
for licensing or sale. The fee for this is $20.
.
.
<<<Previous Page |
Page1 |Page2 |Page3 |Page4 |Page5 |Page6 |Page7 |Page8 |Page9 |Page10 |Page11 |Page12 |Page13 |Page14 |Page15 |Page16 |Page17 |Page18 |Page19 |Page20 |Page21 |Page22 |Page23 |
|
|