I. What is a Patent?
A patent is a limited right granted by a government (all patents are limited by country) that allows
the inventor to stop other people or companies from making, using or selling a specifically defined
invention. In the United States, a patent term lasts for a period of twenty years from date of the filing of
the patent application.
A. Patent Misunderstanding
The main thing about patent law that is usually misunderstood is the fact that patents grant only
the right to stop others from making, using and selling the invention. In other words, patents may
only be used to fence off certain features of the invention from competitors, and do not mean that the
owner of the patent is not infringing on the patent rights of another patent holder.
B. Types of Patent Applications
The process of actually obtaining a patent begins with the filing of a patent application with the
USPTO. There are two types of patent applications that may be filed: provisional applications (patent
pending are only good for 12 mnts) and non-provisional applications (Utility & Design Patents are good for 12 years).
Provisional patent applications are not examined by the USPTO and never directly become an
actual patent. They are placeholders used as a way to get a filing date for the technical description that is
contained in the application. All provisional applications must have a non-provisional application filed in
their place within one year of the provisional filing date. The filing date of the provisional application,
however, only covers the written description contained in the provisional application. Any new information
added in the non-provisional application is only entitled to the filing date of the non-provisional application.
Non-provisional applications (utility or design), unlike provisional applications, are examined by
the USPTO. If all of the requirements for patentability are satisfied, the non-provisional application will
mature into a patent.
Both provisional and non-provisional applications must include a complete written description or
specification of the invention. The written description must fully comply with the requirements discussed
above, being a complete and clear description of how to make and use the invention. It is very
important to consider, especially when filing a provisional application, whether all of the technical
details of the invention are developed enough to be included in a complete description, because
the non-provisional application and ultimate patent will have to depend on it. This is even more
important if a Bar Event either has happened or will happen before the filing of the nonprovisional
follow up to the provisional application. This is because no new technical information
can be added to the written description without getting a new filing date. Once a Bar Event has
happened, new filing dates after the Bar Event may prevent the invention from being patented,
because it is no longer “new.” The filing of a summary provisional application may NOT,
therefore, preserve all patent rights in an invention.
hope this helps you keep me in touch...frank ryba monee ill.
