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  1. eHow
  2. Legal
  3. Intellectual Property Law
  4. File a Patent

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  • How to Register a Canadian Patent

    Registering your patent in Canada is a straightforward process, especially if you decide to submit your application electronically. However, before filing for a patent, you must prepare your patent's written and visual description, do background research on similar patents and create digital forms of your addenda, according to the standards of the Canadian Intellectual Property Office. Bear in mind that the registration process described below applies only for Canadian patents; registration of an international patent under the Patent Cooperation Treaty has different requirements.

  • Patent Conflicts

    Patents are exclusive rights to intellectual property granted by the federal government through the United States Patent and Trademark Office (USPTO). When the patented property rights are violated, this is called infringement. United States Code (USC) Title 35, Chapters 28 and 29, relate to patent infringement and protection. This section of the code clearly states how patent conflicts are addressed and settled.

  • How to File Patents in the U.S.

    A U.S. patent ensures that only you have the right to make, use, offer for sale or sell your invention in the U.S. or import it to the U.S. Patents only are issued by the U.S. Patent and Trademark Office, and you can file a patent application with this office electronically. To file a patent, you'll need to provide your contact information, the name of your invention, all of the documents related to that invention and a fee.

  • What Does It Take to Get a Software Patent?

    Software patents are unique for two reasons. First, software is also protected by copyright law. Second, software patents are relatively difficult to obtain. The U.S. Patent and Trademark Office (USPTO) has only been issuing software patents since the 1970s, and most of the world's jurisdictions still do not issue them.

  • How to Get Something Patented

    A patent is a document granted by a government that gives an exclusive right to an inventor to manufacture or sell an invention. After patenting an original product, an inventor can market and produce the product himself or sell a license to a company that will do so instead. The three types of patents issued by The United States Patent and Trademark Office are design patents, plant patents and utility patents.

  • Pennsylvania Post Mining Land Use

    Mining has been a way of life for many in Pennsylvania since Anthracite Coal was discovered in the state's southern hard coal fields in 1791. Pennsylvania has created programs to restore the land to its pre-mining state.

  • How do I Categorize Patent Documents?

    According to the United States Patent and Trademark Office, you will need to organize and store receipts, allowance notices, missing parts documents, and office actions when applying for a patent. Doing this will require some effort and planning. But once this organization system is set up, it can be maintained on a weekly or daily basis, depending on the nature of your application and your business. Setting up the system is the time-consuming part. Maintaining organization will be much easier.

  • How to Buy Indiana Mining Land

    Purchasing Indiana mining land begins with the basic process of making an offer on the mining property. If the current landowner accepts the offer, ownership can be signed over to the new owner. If the new owner wishes to continue mining the land, certain steps must be taken in accordance with the Indiana state government's mining regulations. If the property that is purchased includes a functioning mine, and the mine is sold along with the land, then business ownership contracts must also be signed.

  • How to Patent a New Service

    A patent protects the intellectual property rights of inventors by excluding anyone else from duplicating, selling, offering or using your new service invention. The United States Patent and Trademark Office oversees the patent process and grants new patents. Although applying for a new service patent is a complicated process and you should hire a patent attorney or agent, you can file for a patent on your own.

  • How to Patent an Algorithm

    A patent provides the inventor of the algorithm with the legal right to exclude anyone else from using, re-creating or selling the algorithm for a limited period of time.

  • How to Contest Patent Validity

    In most cases, patents demonstrate exclusive rights to a certain invention; however, infringement disputes can arise. In those instances, you may consider disputing the patent. You have a number of routes available for you if you want to contest the validity of any patent. Your first option is to unveil the disputed patented device, then win the ensuing infringement suit. Additionally, one party can file suit in a federal court for a declaratory judgment. The final option revolves around requesting a reexamination of the patent.

  • How to File Patent Examination Fees in Canada

    Patent applications in Canada are not automatically examined when filed. You must formally request an examination of your patent application at the time of filing or within five years of filing. This allows applicants to file their applications and protect their invention even though they may not yet have all their claims, descriptions and drawings in order. Once you request the examination, the Canadian Intellectual Property Office (CIPO) will check that your invention is unique, useful, legal and inventive. You can expect to receive your first report on your patent examination within 24 months of your request.

  • How to File a Patent Disclosure

    A disclosure within a patent describes the intent, use and physical description of the design and is filed along with the rest of the patent application. The disclosure is used along with drawings and/or photographs to aid in the patent application process. A patent disclosure must be constructed carefully. If mistakes are made on any part of the patent application, you will be denied.

  • How to File a Patent in Taiwan

    Patents recognize that the applicant has created a unique invention or creation. The patent protects them from intellectual property theft. Obtaining a patent in Taiwan requires a number of documents and procedures.

  • Taiwan Patent Filing Requirements

    Since its adoption of patent law in 1944, Taiwan has been seeking to facilitate and encourage technological growth and development by giving inventors a way of protecting the rights to their new technologies. However, you must abide by specific requirements in order to file a patent application in Taiwan.

  • Filing a Patented Mining Claim in Idaho

    Patenting a mining claim requires filing documents with the Idaho office of the Bureau of Land Management (BLM) to acquire absolute title to federal land, on which you have a successful mining claim. Specific documentation includes clear title to the mining claim, demonstration of assessment work, current payment of all fees and compliance with Idaho's environmental laws.

  • Patent Filing Requirements

    You can protect your inventions by filing for a patent with the United States Patent and Trademark Office. You can choose a utility or design patent, or both. The utility patent protects the inventor so that no other person can copy how a product works, or its process. The design patent covers how a product looks, or its descriptive features. To protect both the look and use of a product, both patents can be acquired as long as the fees are paid.

  • How to File a Preliminary Patent

    Filing a provisional application for patent is useful to inventors for several reasons. The patenting process is complex and potentially expensive, a gamble for an invention idea that could fail. A successful provisional application gives inventors "patent pending" status for 12 months--time to perfect their products, formulate marketing strategies, and formally file their patents if they determine their inventions will succeed.

  • How to File a PCT Patent

    The Patent Cooperation Treaty, or PCT, established uniform rules and regulations to file patent applications in several countries around the world in 1970. To patent inventions in more than one country, inventors typically file a PCT application with a PCT member country. Signatories of the PCT, called contracting states, accept and process PCT applications from inventors of other nationalities, provided at least one inventor is a member of a PCT contracting state. Once an inventor files a PCT application, the application goes through an international phase and national phase to determine patentability.

  • How to File an Electronic Patent

    The United States Patent and Trademark Office, or USPTO, protects the intellectual property rights of national and international inventors within the United States. In order to get intellectual property rights protection, inventors must obtain a patent from the USPTO. Receiving a patent from the USPTO entails putting together a comprehensive patent application, filing the patent application with the USPTO and paying appropriate fees. The USPTO accepts patent applications in both paper format as well as electronically via online submission.

  • The Top Patent Filing Companies

    Granted by the Constitution, the executive branch of government has the responsibility to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." (See Resources 1.) The federal government does this through the United States Patent and Trademark Office (USPTO), which grants and administers patents to individuals and corporations. The USPTO maintains a list of companies that file the most patents. (See Resources 2.)

  • How to File a Patent Without a Lawyer

    Successful patent applications are based on accurate description of your invention and thorough research of previous patents, called "prior arts" in federal terminology. Legal representation is rarely necessary unless there is a dispute over a rejection that proceeds to the U.S. Courts. While the patent process is complex, the federal Patent and Trades Office (PTO) is available to provide any necessary technical assistance and online access to patent records and application forms makes filing without a lawyer practical for the inventor.

  • How to File Patents in Europe

    The European Patent Convention, signed by 16 European countries in 1973, established a uniform code outlining the procedure to grant intellectual property protection in member states. Today, the convention has 37 signatories and offers intellectual property protection rights in up to 40 countries. The European Patent Organization (EPO), established by the European Patent Convention, guarantees intellectual property protection by granting individual and corporate inventors patents. Inventors from around the world follow designated procedures to file for patent protection with the EPO.

  • How to File a Patent Cheap

    The United States Patent and Trademark Office, the USPTO, charges several fees to inventors seeking a patent. Those fees include patent application fees, prior art search fees, patent examination fees and maintenance fees. All of these fees add up to a significant investment for the small inventor. Softening the burden of these fees requires a filing strategy aimed to reduce costs. Fortunately for inventors, the USPTO offers several options to reduce or eliminate certain fees altogether.

  • How to File Patent Applications

    As stated in Article 1 Section 8 of the United States Constitution, the U.S. Congress has the right "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Congress guarantees that right by allowing the United States Patent and Trademark Office (USPTO), a division of the U.S. Commerce Department, to issue patents to inventors. To receive a patent, inventors must properly file a patent application with the USPTO and await patent examination results.

  • How to File a Patent in India

    In India, the Patents Act and Patents Rules preside over the patent system. The patent office is in charge of the administration of the provisions of the patents law connected to the issuance of patents as well as the designs law. It operates under the Ministry of Commerce and Industry within the Department of Industrial Policy and Promotion.

  • Steps to Filing a Patent

    A patent prevents others from using, selling or making a protected invention for a limited time. The U.S. Patent and Trademark Office grants three different types of patents: utility, design and plant. Exclusive rights to utility and plant patents last for 20 years from the application date; exclusive rights to design patents last for 14 years from the date of the patent grant.

  • How to File an International Patent

    Residents of the United States wishing to file an international patent application must apply for a U.S. foreign filing license, check the suitability of the application with an International Search Report, file in the designated country, publish the application and pay application fees. The process is arduous and requires attention to detail. Before filing an international patent, familiarize yourself with international patent laws or hire a patent attorney.

  • What If My Invention Becomes Public Knowledge Before I File a Patent Application?

    Your passion for your novel idea has led to sharing the concept in a public forum, and you are now wondering whether you carelessly gave away the rights to your intellectual property. You feel some anxiety at the thought that your competitors could steal your idea. U.S. patent laws are most forgiving, with a 12-month grace period to file a patent. Japan gives six months. However, in Europe, your public disclosure would forfeit your rights to a patent.

  • How to File a European Patent

    Filing a patent in Europe can be a difficult process that lasts 18 to 24 months, but if you're an inventor who wishes to protect your invention throughout Europe, it's necessary. A patent is a legal title which grants you the right to prevent third parties from commercially recreating or profiting from your invention without your permission.

  • How to Categorize Patent Files

    The number of documents that accumulate during the prosecution of a single patent is staggering. From the U.S. Patent and Trademark Office come a steady stream of Receipts, Office Actions, Missing Parts docs, Allowance Notices -- until hopefully, the patent is finally issued. The document organization problem is further multiplied if the inventor files foreign, or submits continuation applications. This problem is so massive that there's even patent applications filed for new ways to organize patent applications! Fortunately, once a file system is set up, it can be maintained so that you know exactly what you have and can put…

  • How to File a Patent Application Under the Name of a Corporation

    While a patent is always filed under the name of the inventors, it is possible to assign a patent to a corporation. By making this assignment, the inventor gives the corporation a complete interest in the patent application. Often, hiring contracts will include assignment clauses in which the prospective employee agrees to assign all inventions to the employer. Don't worry if this was not taken care of at the time of hiring. As long as all the inventors are willing to assign a patent, the patent can be assigned.

  • The Significance of a Patent File Wrapper

    According to the U.S. Patent and Trademark Office (USPTO) a file wrapper is "the folder into which papers for a particular application are collected and maintained. It contains a complete record of proceedings in the USPTO from the filing of the initial patent application to the issued patent."

  • How to File a Patent in Canada

    A patent can be defined as an exclusive set of rights granted by a state to an inventor for his invention. Patents are granted in Canada by the Canadian Intellectual Property Office. A small entity (such as a single inventor or small business) can file a patent for $200. You will be required to pay additional maintenance fees every two to three years.

  • How to File a United States Patent

    Filing provisional, utility, design, and reissue patent applications is much easier using the Electronic File System (EFS) at the website of the United States Patent and Trademark Office (PTO). Safe and secure, the EFS allows inventors, agents, and attorneys to file applications, pay fees, and prosecute the patent application through an online interface. You can even file petitions to make an application special--and get accelerated examination.

  • How to File a Patent Online

    After spending so much time and energy developing a product, an inventor must fill out a patent to make sure that the idea is not stolen and that he can claim the financial benefits from the product. Due to advances in Internet technology, patents are now easier than ever to file by simply uploading a few documents to the U.S. Patent Office website.

  • What Is a Patent File Wrapper?

    The importance of the file wrapper cannot be overstated. The U.S Patent and Trademark Office (PTO) states "the official record detailing the prosecution of a patent application in the United States Patent and Trademark Office (PTO) is more than just a historical record. During the life of a patent, the prosecution record defines the scope of the claimed invention and the patent owner's rights." The doctrine of file wrapper estoppel specifically provides how the scope of a patent can be limited by information in the file wrapper.

  • How to File a Utility Patent

    The patent laws of various nations recognize three main types of patents: utility patents (for new technology), design patents (for unique cosmetic features), and plant patents (for biological innovations). Utility patents, like other types of patents, prevent anyone but the patent holder from making or selling an invention for the duration of the patent. Although part of the process may be conveniently completed online, a viable patent application should be prepared with the assistance of an experienced patent attorney.

  • How to Build on a Mining Claim

    Gold prices have reached a historical high, motivating hobbyists' and entrepreneurs' interest in acquiring mining claims. The rights granted by mining claims are confusing. If you are considering purchasing a mining claim with an intent of building on the property, careful examination of the claim title is required to ensure that the claim is patented.

  • Guide to Filing a Provisional Patent

    Taking advantage of the U.S. Patent and Trademark Office's provisional patent application process can be a great advantage to inventors who want to protect their intellectual property rights. Though not a substitute for a full patent, a provisional patent can be very useful. If you've decided to move forward and file for a provisional patent, there are several steps you need to take to ensure that your rights are protected.

  • How to File for Patent Land

    Patent land is land originally owned by the federal government and granted to private parties. Most land was given or sold to private individuals by the federal government in order to populate the country as it grew. The primary agency dealing with land dispersion is the Bureau of Land Management (BLM). Currently there is no land available east of the Mississippi River. The BLM does occasionally sell parcels of land in the West. It is no longer available for no cost but is sold for the appraised market value.

  • How to Apply or File for a Patent

    A patent is a grant from the government that gives the creator of an invention the exclusive right to make, use and sell his or her invention for a certain period of time. In order to get a patent, an inventor must file an application with the United State Patent and Trademark Office (USPTO). Ideally, an inventor should consult with a patent attorney to aid them in creating their patent application, but it is not required and anyone can fill out a patent application themselves. These days, patent applications can be done electronically so, in many cases, everything can be…

  • How to File a Provisionary Patent

    Patents are issued by the United States Patent and Trademark Office (USPTO) and are designed to prevent others from duplicating and profiting from an idea that is not their own. Provisional applications were first made available in June 1995 as a low-cost alternative for a first patent filing in the United States and allows the term "Patent Pending" to be used when presenting the invention until a non-Provisional Patent filing takes place. This filing may be done up to one year after the "first sale, offer for sale, public use or publication of the invention."

  • Easy Way to File for a Patent

    Filing a patent for a new product or discovery could be just a click away. Online filing is a great fast way to file your patent with the U.S. Patent and Trademark Office (USPTO).

  • Do-It-Yourself Patent Filing

    Patents are property rights granted for inventions to inventors and issued by the United States Patent and Trademark Office (USPTO). Rights granted under patent prevent others from making, using or selling the patented invention. Patents are generally good for 20 years from the date of filing. The USPTO does not enforce patents. That responsibility belongs to the patent owner once a patent has been issued. Individuals can file applications for patents.

  • How to File a Patent Yourself

    To actually file a patent application takes no great skill; however, to draft a patent application that's accepted by the U.S. Patent & Trademark Office is quite another story. Each inventor dreams of getting a new patent for his new, nonobvious and useful creation. However, when you file a patent application yourself, you take a big chance of spending more money than you save, had you simply hired a patent attorney or patent agent. Here's why.

  • How to File a Patent Timeline

    A patent is a property right for an idea or invention, granted by the U.S. Patent and Trademark Office. A patent protects the patent owner in that only the owner has the exclusive right to produce, offer for sale, or sell the patented item. It also protects the product from being imported or exported by anyone other than the patent holder. A U.S. patent can only be obtained by filing an application for a through the U.S. Patent and Trademark Office.

  • How to File a Patent Publication

    Filing for a patent can be difficult, requiring a great deal of time, work and cost. Because of the complexity of the process, you should patent your work with the help of a patent professional or lawyer, whose fees will be costly. If this isn't possible financially, you must do significant research into patent law and the application process if you hope to be successful. The basic steps involved can only lay a rudimentary groundwork for filing a patent.

  • How to File a Software Patent

    A patent is a grant from the government that gives an inventor exclusive rights to benefit from an invention for a limited time. A software patent is a patent on any performance of a computer realized through the means of a computer program. Patent laws are one of the ways the United States protects people's intellectual property. Unlike copyrights and trademarks, patents are not automatic under common law and thus must be applied for through the United States Patent and Trademark Office.

  • How to File for a Patent

    Filing for a patent to protect a business idea is done online at the United States Patent and Trademark office Web site or by hiring an expert in the area of patents and copyrights. Certify and register patents at the United States Patent and Trademark office with insight from a lawyer in this free video on business law.

  • How to File Patents for Discoveries of Natural Substances

    Generally speaking, the law does not provide patents for discoveries of natural substances. The U.S. Patent and Trademark Office (USPTO) simply won't grant a patent on something that occurs with or without the effort of an inventor, nor will courts enforce a patent against someone who violates a patent through no fault of their own. Nevertheless, in a minority of cases, enforceable patents have been granted for laboratory-synthesized microbes, nanoparticles and gene sequences. The patent application process for these "discoveries" is the same as any patent with the additional burden of proving a legitimate invention.

  • How to Get a Patent Instant Filing Date

    You've invested too much time preparing your patent application to allow last-minute technicalities to ruin things. Getting an instant filing date for your patent application ensures a timely filing with the Patent And Trademark Office. It also guarantees you don't lose any legal rights should the office misplace your application. Check with your patent attorney first, and then use these tips to get an instant filing date.

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