1. 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
United States Patent and Trademark Office. The law
imposes a fine on those who use these terms falsely to
deceive the public.
2. Is there any danger that the USPTO will give
others information contained in my application while it
is pending?
A. Most patent applications filed on
or after November 29, 2000, will be published 18 months
after the filing date of the application, or any earlier
filing date relied upon under Title 35, United States
Code. Otherwise, all patent applications are maintained
in the strictest confidence until the patent is issued or
the application is published. After the application has
been published, however, a member of the public may
request a copy of the application file. After the patent
is issued, the Office file containing the application and
all correspondence leading up to issuance of the patent
is made available in the Files Information Unit for
inspection by anyone, and copies of these files may be
purchased from the Office.
3. May I write to the USPTO directly about my
application after it is filed?
A. The Office will answer an
applicant’s 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 of record in the
application file the Office will not correspond with both
you and the attorney/agent concerning the merits of your
application. All comments concerning your application
should be forwarded through your attorney or agent.
4. Is it necessary to go to the USPTO to transact
business concerning patent matters?
A. No. Most business with the Office
is conducted by written correspondence. Interviews
regarding pending applications can be arranged with
examiners if necessary and are often helpful.
5. 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 as defined in the claims –
even if only as to one claim, 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/her name alone.
6. If a first person furnishes all of the ideas to
make an invention and a second person employs the first
person or furnishes the money for building and testing
the invention, should the patent application be filed by
the first and second persons jointly?
A. No. The application must be signed
by the true inventor, and filed in the USPTO, in the
inventor’s name. This is the person who furnishes
the ideas (e.g. the first person in the above fact
pattern), not the employer or the person who furnishes
the money.
7. Does the USPTO 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, and (c) USPTO
prosecution.
8. 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?
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. Will the USPTO advise me as to whether a certain
patent promotion organization is reliable and
trustworthy?
A. No. The Office has no control over
such organizations. The Office will publish complaints
regarding invention promoters and replies from the
invention promoters. The Office will not undertake any
investigation of the invention promoters. Questions or
complaints should be directed to the Mail Stop 24;
Director of the U.S. Patent and Trademark Office; P.O.
Box 1450; Alexandria, VA 22313-1450 or call at (703)
306-5568.
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 from the Better Business Bureau of the city
in which the organization is located, or from 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 asking others who may know
them.
10. 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,
that can help you locate manufacturers and individuals
who might be interested in promoting your idea.
11. 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. Can the USPTO assist me in the developing and
marketing of my patent?
A. No. The Office cannot act or
advise concerning the business transactions or
arrangements that are involved in the development and
marketing of an invention. The Office, however, will
publish for a fee, at the request of a patent owner, a
notice in the Official Gazette that the patent is
available for licensing or sale. In addition, the Office
of Independent Inventor Programs (OIIP) was established
in March 1999 in order to meet the special needs of
independent inventors. The OIIP establishes new
mechanisms to better disseminate information about the
patent and trademark processes and to foster regular
communication between the USPTO and independent
inventors.
United States Patent and Trademark Office
Alexandria, VA 22313-1450
An Agency of the United States Department of Commerce
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