Purpose of this Manual 3
What is a Patent? 3
Patent Laws 5
What Can Be Patented 5
Novelty & Other Conditions For Obtaining A Patent 6
The United States Patent And Trademark Office 7
Publications of the Patent and Trademark Office 8
General Information and Correspondence 9
Depository Library, Search Room Searches 11
Attorneys and Agents 16
Disclosure Document 18
Who May Apply For A Patent 18
Application For Patent 19
Oath or Declaration, Signature 20
Filing Fees 20
Specification (description and claims) 21
Drawing 22
Models, Exhibits, Specimens 26
Examination of Applications & Proceedings In The Patent
Trademark Office 27
Amendments to Application 28
Time for Response and Abandonment 30
Appeal to the Board of Patent Appeals and
Interference to the Courts 30
Interference 31
Allowances & Issue of Patent 31
Nature of Patent & Patent Rights 32
Maintenance Fees 33
Correction of Patents 33
Assignments & Licenses 34
Infringement of Patents 36
Patent Marking and Patent Pending 36
Design Patents 37
Plant Patents 37
Treaties and Foreign Patents 39
Foreign Applicants for United States Patents 40
Fees And Payment 42
PATENT MARKING AND PATENT PENDING
A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word "Patent" and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.
The marking of an article as patented when it is not in fact patented is against the law and subjects the offender to a penalty.
Some persons mark articles sold with the terms "Patent Applied For" or "Patent Pending." These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited.
DESIGN PATENTS
The patent laws provide for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. The design patent protects only the appearance of an article, and not its structure or utilitarian features. The proceedings relating to granting of design patents are the same as those relating to other patents with a few differences.
See current fee schedule for the filing fee for a design application. A design patent has a term of 14 years, and no fees are necessary to maintain a design patent in force. If on examination it is determined that an applicant is entitled to a design patent under the law, a notice of allowance will be sent to the applicant or applicant's attorney, or agent, calling for the payment of an issue fee.
The drawing of the design patent conforms to the same rules as other drawings, but no reference characters are required.
The specification of a design application is short and ordinarily follows a set form. Only one claim is permitted, following a set form.
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