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FAQs Patent Questions

Question:A patent claim listing is required for preliminary amendments present on the filing date.

Answer:
Yes, a claim listing of every claim ever presented in the application is required, even for preliminary amendments present on the filing date of the application. The status identifier, (new), instead of (original), should be used for claims added by a preliminary amendment, even when the preliminary amendment is present on the filing date of the application and the first executed oath or declaration refers to the preliminary amendment.

Question:A design patent application may only include a single claim, that claim defines the design which applicant wishes to patent

Answer:
A design patent application may only include a single claim. The claim defines the design which applicant wishes to patent, in terms of the article in which it is embodied or applied. The claim must be in formal terms to “The ornamental design for (the article which embodies the design or to which it is applied) as shown.” The description of the article in the claim should be consistent in terminology with the title of the invention.

Question:If two or more persons make an invention jointly, they apply for a patent as joint inventors

Answer:
If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes only a financial contribution is not a joint inventor and cannot be joined in the application as an inventor.

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You may apply for a patent for your invention.

Inventors may apply for one of two types of patent applications that protect so-called

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 Helpful Patent Terms

Application (trademark)

Definition:
A document by which a person requests a federal trademark registration. To receive a filing date, an application must include the applicant's name, a name and address for correspondence and the application filing fee.

Notice Of Publication

Definition:
A written statement from the USPTO notifying an applicant that its mark will be published in the Official Gazette. If the examining attorney assigned to an application raises no objections to registration.

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