How are patent rights acquired?
Dec/21/06/20:17 Filed in: Patent
Law
Patent rights in the US are acquired
only after the patent is issued by the United States Patent and
Trademark Office (PTO). Contrary to other forms of intellectual
property, protection does not exist for patentable inventions until
the patent is formally issued (Letters Patent). The PTO is
responsible for determining the patentability and issuing patents.
Even though inventors can prepare their own patent applications,
these application are normally prepared by a certified patent
specialist with engineering or scientific background.
In the US both attorneys and nonattorneys that meet the educational requirements may take the examination to become certified patent specialist. A nonattorney licensed by the PTO to prepare and prosecute patent applications is a Patent Agent. While patent agents can prepare, file, respond to office actions from the PTO, and participate in the amendment of the application, only Patent Attorneys can provide legal advise.
After the patent is issued, the inventor acquires exclusionary patent rights for a period. Currently, utility patents filed after June 7, 1995 will expire 20 years for the date of filing.
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
In the US both attorneys and nonattorneys that meet the educational requirements may take the examination to become certified patent specialist. A nonattorney licensed by the PTO to prepare and prosecute patent applications is a Patent Agent. While patent agents can prepare, file, respond to office actions from the PTO, and participate in the amendment of the application, only Patent Attorneys can provide legal advise.
After the patent is issued, the inventor acquires exclusionary patent rights for a period. Currently, utility patents filed after June 7, 1995 will expire 20 years for the date of filing.
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
