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  • Q: What can be patented?

    A: An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.

  • Q: Can I apply for an international application under Patent Cooperation Treaty (PCT) in the US?

    A: The Patent Cooperation Treaty (PCT) enables U.S. applicants to file one application, “an international application,” in a standardized format in English in the U.S. Receiving Office (the U.S. Patent and Trademark Office), and have that application acknowledged as a regular national or regional filing in as many Contracting States to the PCT as the applicant “designates,” that is, names, as countries or regions in which patent protection is desired. The PCT provides an additional and optional foreign filing route to patent applicants and does not preclude taking advantage of the priority rights and other advantages provided under the Paris Convention and the WTO administered Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement).

  • Q: Can a US patent provide worldwide protection?

    A: Patent protection is territorial right and therefore it is effective only within the territory of the issuing country. However, filing an application in the US enables the applicant to file a corresponding application for same invention in conventional countries, within or before twelve months from the filing date in the US. Therefore, separate patents should be obtained in each country where the applicant requires protection of his or her invention in those countries.

  • Q: What is a Patent?

    A: A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted

  • Introduction and Disclaimer

    This FAQis dedicated to educating and helping inventors to harness the IP system to benefit from their hard work. Disclaimer:All materials have been prepared for general information purposes only to permit you to learn more about our company, our software, and the experience of our users and patent lawyers. The information presented is not legal

  • Q: Should application for patent be filed before or after, publication of the invention?

    A: The application for patent should be filed before the publication of the invention and even then, it should not be disclosed or published. Disclosure of invention by publication before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication in certain countries. However, in the US, under certain conditions, there is grace period of 12 months for filing application even after publication.

  • Q: Can any invention be patented after publication or publicly displayed or offered for sale?

    A: Generally, a patent application for the invention which has been either published or publicly displayed cannot be filed. However, in the US, a grace period of 12 months for filing of patent application from the date of public availability such as an offer of sale, a sale, or a publication, for example.

  • Q: How can one find out that an invention is already patented?

    A:The person concerned can perform a preliminary search on Patent Office website patent data base of granted patent. This search is also available on Trusty Patent when you use the software.

  • Q: How detailed should my patent application be?

    A: According to 37 CFR 1.71: (a) The specification must include a written description of the invention or discovery and of the manner and process of making and using the same, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which the invention or discovery appertains, or with which it is most nearly connected, to make and use the same. (b) The specification must set forth the precise invention for which a patent is solicited, in such manner as to distinguish it from other inventions and from what is old. It must describe completely a specific embodiment of the process, machine, manufacture, composition of matter or improvement invented, and must explain the mode of operation or principle whenever applicable. The best mode contemplated by the inventor of carrying out his invention must be set forth. (c) In the case of an improvement, the specification must particularly point out the part or parts of the process, machine, manufacture, or composition of matter to which the improvement relates, and the description should be confined to the specific improvement and to such parts as necessarily cooperate with it or as may be necessary to a complete understanding or description of it. While provisional applications do not require any claims, a utility specification must contain at least one claim or statement of claims defining the scope of the invention for which protection is sought for.

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