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    FAQs Patent Questions

    Patent
    Question: Utility patents protects the way an article is used and works and a design patent protects the way an article looks.

    Answer:

    A “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.




    Question: A Patent does not grant the right to make, use or sell the invention but only grants the exclusive nature of the right.

    Answer:
    The exact nature of the right conferred must be carefully distinguished, and the key is in the words “right to exclude” in the phrase just quoted. The patent does not grant the right to make, use, offer for sale or sell or import the invention but only grants the exclusive nature of the right.




    Question: Applicants must respond to actions to the Patent office within a prescribed time limit.

    Answer:
    The reply of an applicant to an action by the Office must be made within a prescribed time limit. The maximum period for reply is set at six months by the statute (35 U.S.C. 133) which also provides that the Director may shorten the time for reply to not less than 30 days.



    Did You Know?

    There is a time limit on patent protection.

    For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

    Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.